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I
I
THE
RAILWAY RATES
AHD TBM
CAEEIAGE OP MERCHANDISE BY RAILWAY:
OraLITDDia IBB
PROVISIONAL ORDERS OF THE BOARD OF TRADE,
AS SANCTIONED BF PARLIAMENT,
OOKTAUCDf O THB
Classiflcatioii of Traffic and Schedule of Maxtmnm Bates
and Charges applicable to the Bailways of
Great Britain and Ireland.
BY
H. R. DARLINGTON, M.A., LL.M.,
07 LDIOOLH'8 mr, BABBUSIB-lI-Llir.
• • . • »
. ». ■■ ■• "- * *
LONDON:
STEVENS AND SONS, LIMITED,
119 ft 120, OHANCEEY LANE,
1893.
.J3
Zj
• » »
LONDON:
FBZNTED BT 0. F. BOWOBTH, OBBAT NSW 0IBBIST, FBITEB LANB, B.O.
PEEFACE.
In compiling this book the object of the Author
has been to set forth in a convenient and acces-
sible form the Law relating to the Carriage of
Goods by Railway.
With this view the book has been divided into
Two Parts. The First Part deals with the statu-
tory enactments and decided cases relating to the
carriage of goods, while the Second Part comprises
the Provisional Orders of the Board of Trade as
to Railway Rates and Charges on the Railways
of Great Britain and Ireland as they have been
confirmed by the various Acts of Parliament of
the years 1891 and 1892.
The chapters on the general Law relating to
the Carriage of Goods have been kept as concise
as possible, and although it is hoped that the
main points of principle have been fairly covered,
an exhaustive treatise has not been intended.
The last chapter in the First Part of the book
deals with Arbitrations under the Board of Trade
Arbitrations Act, 1874, and the Arbitration Act,
1889. This has been introduced in consequence
of the number of compulsory references to arbi-
tration provided for by the general conditions of
the Provisional Orders.
In the Second Part, which deals with the Pro-
visional Orders, the plan adopted has been to
«2
21409
IV PREFACE.
consider, first, those provisions which are common
to all the companies, and afterwards those which
are special to particular schedules or companies.
The number of Railways dealt with in these
Provisional Orders is considerable, the mere
enumeration of them occupying some seventeen
pages of this book, and in the case of the smaller
Railways it may sometimes be difficult to ascer-
tain by what schedule a particular Railway is
governed. It is hoped, however, that in such
cases the Index of these Railways may be of
service; and that the Table of Contents and
Index, together with the cross-references intro-
duced into the text, may allow easy reference
from one part of the book to another.
In order to afford a ready comparison of the
maximum powers of the different companies, a
synopsis of the Maximum Rates contained in the
Provisional Orders has been prepared, and will
be found in the Appendix ; as also will Tables of
all the more important Maximum Rates worked
out for distances up to 200 miles. While in
another Table the mileage and other allowances
of the different Companies are collected.
In the body of the text the reference given to
cases cited is that of the authorized reports. In
the Index of Cases, however, the references to
contemporary reports also axe collected.
H. R. D.
10, Ksw Court, Cabbt Stbeet,
December t 1892.
( V )
TABLE OF CONTENTS.
PAQB
• • •
lU
Tahlb of Casbb ix
Table ow Statdtbb xxxv
INTRODUCTION.
Thb Railway Rates Pboyisional Obdbbs 1
Part the First.
THE LAW RELATING TO THE CARRIAGE OP
MERCHANDISE BY RAILWAY.
Chap. I. — ^Thb Railway and Canal Cojoossion 6
II.— The Boasd op Tbadb 12
III. — Due akd Rkasonable FAcmnES 15
IV. — The Equality Claitse akd Undttb P&efebsnoe 32
y. — Thbouoh Rates and Thbouoh Routes 63
VI. — Rates and Chaboes ajvd the Ditibiom op Rates 79
VII. — A Railway Cohpaey's Lien fob Unpaid Rates and
Tolls 97
VIII. — ^Railway Companies and theib Liability as Common
Cabbiebs 101
IX. — ^The Cabbiebs Act and the Limitation op the Liability
OP Cabbiebs pbovided thbbeby 118
X. — Special Contbaots and Section 7 op the Railway and
Canal Tbappio Acrr, 1864 132
XI. — EzpLosiYES AND Danoeboxts Goods 145
XTT. — Abbitbationb undeb the Boabd op Tbade Abbitbationb
Act, 1874, and the Abbttbation Act, 1889 147
Vi TABLK OF CONTENTS.
Part the Second.
PROVISIONAL ORDERS OF THE BOARD OF TRADE AS
SANCTIONED BY PARLIAMENT, CONTAININa THE
CLASSIFICATION OF TRAFFIC AND SCHEDULE OF
MAXIMUM RATES AND CHARGES APPLICABLE
THERETO. p^^jjj
The CoNvmoNa Act •• 179
Obdbb op thx Boabd of Tbadb 181
ENGLISH AND WELSH RAILWAYS.
GENERAL CONDITIONS 182
Maximum Rates and Charges,
Past I. — Goods and Minerals. [See Spjeoial Pboyibioii8.]
II.— Animal Class 208
III.— Carriages 209
IV.— Exceptional Class 210
v.— Perishable Merchandise by Passenger Train 211
VI. — Small Parcels by Merchandise Train 214
SPECIAL PROVISIONS.
Including Maximum Rates and Charges for Goods and Minerals.
Abbotsbury Railway 217
Brecon and Merthyr Tydfil Railway 223
Cambrian Railway 227
Cleator and Workington Junction Railway 229
East London Railway , 233
Festiniog Railway 238
Fumess Railway 242
Great Eastern Railway « 246
Great Northern Railway , , 249
Great Western Railway , . , , , 254
Hull, Bamsley and West Riding Junction Railway , 262
Isle of Wight Railway 263
Lancashire and Yorkshire Railway 264
London and North Western Railway , , , , 267
London and South Western Railway , 277
TABLB OF OONTENTS. TU
PAOB
London, Brighton and South Coast Railway 28 1
London, Chatham and Dover Railway 285
London, Tilbury and Southend Railway 290
Manchester, Sheffield and Lincolnshire Railway 292
Metropolitan Railway , 296
Midland Railway. 301
Midland and South Western Junction Railway 804
North Eastern Railway 306
North London Railway , 314
North Staffordshire Railway 315
South Eastern Railway 818
Taff Vale Railway 322
lEISH EAILWATS 827
SCOTCH EAILWATS 385
QsxnsRAii Coin>rnoN8 , 836
Maxixxtm Rates ajsd Cbabges 344
SpECIAI. PBOVIBIOirB —
Caledonian Railway • 346
Callander and Oban Railway 351
City of Glasgow Union Railway 852
Glasi^w and South Western Railway 353
Great North of Scotland RaUway 355
Highland Railway 367
North British RaUway 359
CLASSIFICATION OF MERCHANDISE TRAFFIC 865
ALPHABETICAL CLASSIFICATION OF MERCHANDISE
TRAFFIC 40*
• ••
Till TABLB OF OOKTENTS.
APPENDICES.
APPENDIX A. PAOB
Obdeb of Boabd 07 Tbadb as to KonoE of intentxon to inobsasb
Baxbb 4 451
APPENDIX B.
Stnofszs 07 MAznnTX Eatbs —
English and Welsh Railways 453
Irish Bailwajs • • 458
Scotch Railwajs , 459
Table of Eztba Ghaboes ob Allowakobb —
English and Welsh Bailwajs , 461
Irish Railways 463
Scotch Railways 464
APPENDIX 0.
Gebtain Pbotisionb 07 Pbivate Acts of Sootoh Railwatbzzfbesblt
PBBSEBTED •••.•••• • »•••...• 465
APPENDIX D.
Soke of the xobe dcpobtant Ck>irvETAN0E Rates wobiced out fob
DiSTAKOES UP TO 200 MiLES 471
INDEX OF RAILWAYS.
Alphabetioal List of Railwats with bbfebence to the Schedule
BT which each IB OOVEBNED —
English and Welsh Railways 629
IrifJi Railways «... 544
Scotch Railways • 545
GENERAL INDEX 547
( ix )
TABLE OF CASES.
PLAINTIFFS.
PAGB
Aberdeen Commercial Co. f. Qi, North of Scotland Rj. Co., 3 N. &
Mac. 205 ; 6 Court Seas. Cas. 4th Ser. 67 21, 28, 60, 81, 192
Aldridge v, O. W. Ry. Co., 16 C. B. N. 8. 682 ; 33 L. J. C. P. 161 . . 106,
107, 142
Allday v, G. W. Ry. Co., 6 B. & S. 903 ; 34 L. J. Q. B. 6 ; 11 L. J.
267; 13W.R.43 140
Anderson v. Bank of British Columbia, 2 Ch. D. 644 ; 46 L. J. Ch.
449 ; 35 L. J. 76 ; 24 W. R. 724 162
(or Henderson) v. L. & N. W. Ry. Co., L. R. 6 Ex. 90 ; 39
L.J. Ex. 66; 21 L.T. 766; 18 W. R. 362 122
r. Wallace, 3 CI. & F. 26 173
Angus f^. Smithers, 2 F. & F. 381 160
Anning «. Hartley, 27 L. J. Ex. 146 166
Anon., 3 Atk. 644 174
2 Chit. 44 164
Arbuckle r. Price, 4 Dowl. P. C. 174 162
Armstrong v. Marshall, 4 Dowl. P. C. 693 ; 1 H. & W. 643 164
Ashendon v. L. B. & S. C. Ry. Co., 6 Ex. D. 190 ; 42 L. J. 686 ; 28
W. R. 611 136, 139, 140
Atkinson v. Abraham, 1 B. & P 166
Attorney-General v, Birmingham & Derby Jn. Ry. Co., 2 Railway
Cas. 124 34
v. Davison, MoClel. & Y. 160 164
Ayr Harbour Trustees v. Glasgow & S. W. Ry. Co., 4 B. & Mao. 81 . . 11,
23, 62, 69, 77
Ayrshire and Wigtonshire Ry. Co. v, Glasgow & S. W. Ry. Co., 14
Rep. Ry. Commrs. 29 62
Bailey t^. L. C. & D. Ry. Co., 2 K. & Mac. 99 91
Baker v. Hunter, 16 M. & W. 672 170
«. Yorkshire Fire & Life Assurance Co., 1892, 1 Q. B. 144 . . 168
Baldwin 1^. L. C. & D. Ry. Co., 9 Q. B. D. 682 110
Barbour p. S. E. Ry. Co., 34 L. T. 67 104
Barret v. G. N. Ry. Co., 1 N. & Mac. 38 ; 1 C. B. N. S. 423 ; 26
L. J. 0. P. 83 20,22
X TABLE OF CASES.
PAQB
Barrow, Ex parte, In re Worsdell, 6 Ch. D. 783 ; 46 L. J. B. 71 ; 36
L. T. 325 ; 26 W. R. 466 108
Barton v. Knight, 2 Vem. 614 172
Batson v. Donovan, 4 B. & A. 21 118
Baxendale v. Bristol & Exeter Rj. Co., 1 N. & Mac. 229 ; 11 0. B.
N. S. 787 61
tJ. S. E. Ry. Co., L. R. 4 Q. B. 244 ; 38 L. J. Q. B. 137 ;
17 W. R. 412 1 26, 142
t,. G. W. Ry. Co (Reading Caae), 1 N. & Mac. 202 ; 6
C. B. N. S. 336 42, 48, 60
I?. G. W. Ry. Co., 14 C. B. N. S. 1 61
V, G. W. Ry. Co., 1 N. & Mao. 213 ; 3 C. B. N. S. 366. . 49
V. L. & S. W. Ry. Co., 1 N. & Mac. 231 ; 12 C. B. N. S.
768 60
V, L. & S. W. Ry. Co., L. R. 1 Ex. 137 ; 4 H. & 0. 130 ;
36 L. J. Ex. 108 ; 14 L. T. 26 ; 14 W. R. 468 ... .20, 42
V, L. C. & D. Ry. Co., L. R. 10 Ex. 36 ; 44 L. J. Ex. 20 ;
32L. T. 330; 23 W. R. 167 116
V, North Devon Ry. Co., 1 N. & Mao. 180 ; 3 0. B. N. S.
324 43, 49, 60
Baylis v, Lintott, L. R. 8 0. P. 346 ; 42 L. J. C. P. 119 ; 28 L. T.
666 117
Beadell v. Eastern Counties Ry. Co., 1 K. & Mac. 66 ; 2 C. B. K. S.
609 ; 26 L. J. C. P. 250 22, 66
Beal V. S Devon Ry. Co., 6 H. & N. 876 ; 3 H. & C. 337 ; 11 L. T.
184; 12 W. R. 1115 136, 139, 144
Beddow v, Beddow, 9 Ch. D. 89 ; 47 L. J. Ch. 588 ; 26 W. R. 670. . 172
Beeston Brewery Co. v. Mid. Ry. Co., 6 B. & Mac. 63 26, 69
Behrens v, G. N. Ry. Co., 7 H. & N. 960 ; 31 L. J. Ex. 299 ; 8 L. T.
328; 9W.R.338 123
Belfast Cent. Ry. Co. r. G. N. Ry. Co. (No. 3), 4 B. & Mao. 169. .71, 72
(No. 4), 4 B.& Mac. 379.... 77
Bell v. MidRy. Co., 3 De G. & J. 673 27
2N. &Mac. 186 48, 69
Bellsdyke Coal Co. v. N. B. Ry. Co., 2 N. & Mac. 106 46
Bennet v. M. S. & L. Ry. Co., 1 N. & Mac. 288 ; 6 C. B. N. S. 707. . 42
Bernstein v, Baxendale, 6 C. B. N. S. 251 ; 28 L. J. C. P. 266 ; 7
W. R. 396 121, 122, 123
Berry v. L. C. & D. Ry. Co., 4 B. & Mac. 310 92
Bethell r. Clark, 19 Q. B. D. 553 ; 20 Q. B. Div. 616 ; 67 L. J. Q. B.
302 ; 69 L. T. 808 ; 36 W. R. 611 108, 109
Bidder «. Bridges, 29 Ch. D. 29 ; 64 L. J. Ch. 798 ; 62 L. T. 466 ;
33 W. R. 792 162
V, North StaflPordahire Ry. Co., 4 Q. B. D. 412 ; 48 L. J.
Q. B. 248 ; 40 L. J. 801 ; 27 W. R. 640 170
Bignallr. Gale, 2 M. & G. 830 ; 9 P. D. & C. 631 166
Birchgrove Steel Co. v. Mid. Ry. Co., 6 B. & Mac. 229 91
Blanchard v. Sun Fire Office, 6 Times L. R. 366 172
Blankensee r. L. & N. W. Ry. Co., 46 L. T. 761 128
PLAINTIFFS. XI
PAOB
Blower r. G. W. Ry. Co., L. R. 7 C. P. 665 ; 41 L. J. C. P. 268 ;
27L. T. 883; 20 W. R. 776 102, 103
Bollandsr. M. S. & L. Ry. Co., 16 Ir. C. L. 660 HI
Bolton V. Lano. A York. Ry. Co., L. R. 1 C. P. 431 ; 86 L. J. C. P.
137 ; 13 L. T. 764 ; 14 W. R. 430 108
Boome v, GatcUffe, 11 a. & F. 45 ; 7 M. & G. ; 8 Scott N. R. 604. . 102
Boyoe v. Chapman, 2 Bing. N. C. 222 ; 2 Scott. 365 129
Boys r. Pink, 8 C. & P. 361 121
Bradbury r. Sntton, 21 W. R. 128; 19 W. R. 800 123
Brandt & Boutcher, /» r^ 7 Times L. R. 140 171
British Empire Shipping Co. v. Somes, £. B. & £. 353 ; 8 H. L. Cas.
338; 28 L.J. Q. B. 220 ; 30 t*. 229 ; 8 W. R. 707 98
Brook, In re ; Brook, Delcomyn & Bradart, In re^ 15 C. B. N. S. 403 ;
83 L. J. C. P. 246 ; 10 L. J. 378 164
Bronghton & Plas Power Coal Co. v. G. W. Ry. Co., 4 B. ft Hao.
191 46,58
Brown's Case, see Brown v, G. W. Ry. Co.
Brown r. G. W. Ry. Co., 3 N. & Mac. 523 ; 7 Q. B. Diy. 182 ; 9 Q.
B. Div. 744 29, 31, 83, 84
Bmnt V. Mid. Ry. Co., 2 H. & C. 889 ; 38 L. J. Ex. 187 ; 9 L. T.
690 122, 125
Bncdeuoh (Duke of) v. Met. Board of Works, L. R. 5 H. L. 418 ; 41
L. J. Ex. 137 ; 27 L. T. 1 174
Bnckfastleigh Ry. Co. v. South Deron Ry. Co., 1 N. ft Mac. 321 . . 76
Budd V. L. ft N. W. Ry. Co., 36 L. T. N. S. 802 ; 26 W. R. 762 . . 58
Bunch V. G. W. Ry. Co., 13 App. Cas. 31 ; 67 L. J. Q. B. 361 ; 68
L. T. 128; 36 W. R. 786 135
Bushell, In re, Ex parte G. W. Ry. Co., 22 Ch, Div. 470 ; 62 L. J.
Ch. 734; 48 L. T. 196 ; 31 W. R. 419 100
Butt V, Gi. W. Ry. Co., 11 C. B. N. S. 140 ; 20 L. J. C. P. 241 . . 122
Caerleon Tinplate Co. v. Hughes, 60 L. J. Q. B. 640 ; 7 Times L. R.
619 168
Cairns v. N. E. Ry. Co., 4 B. & Mac. 221 85
Caledonian Ry. Co. r. Guild, 1 Ct. Sess. Cas. 4th Ses. 198 97
f?. Greenock ft Wemyss Bay Ry. Co., 4 B. ft
Mao.*70 77
— — — r. Greenock ft Wemyss Bay Ry. Co., 4 B. &
Mac. 136 78
— ^ V, Lockhart, 3 Macqueen, 808 173
V. N. Brit. Ry. Co., 3 N. ft Mac. 403 73
Candy v. Mid. Ry. Co., 38 L. T. 226 116
Carr v. L. ft N. W. Ry. Co., L. R. 10 C. P. 307 ; 44 L. J. C. P. 109 ;
31 L. T. 786 ; 23 W. R. 747 HI
V. Lane, ft York. Ry. Co., 7 Exch, 707 ; 21 L. J. Ex. 261 ; 7
Railw. Cas. 426 132, 134
Carlisle, In re, 44 Ch. D. 200 ; 59 L. J. Ch. 620 ; 62 L. T. 821 ; 38
W. R. 368 157
• •
ZU TABLE OF CASES.
PAfiB
Oaasell, Jfi r«, 9 B. &0. 624; 4 M. & B. 655 158
Oaterham Rj. Co. p, L. B. & S. W. By. Co., 1 B. & Mao. 32 ; 10.
B. N. a 410 ; 26 L. J. 0. P. 16 19
Oayley v. Sandycroft, 33 W. B. 577 162
Central Wales & Carmartlieii Jn. By. Co. v. Gt, W. By. Co. (No. 1),
2N. &Mao. 191 68
V, (No. 2), 4 B. & Mac. 110 ; 10 Q. B. D.
231 68, 74
V, L. & N. W. By. Co., 4 B. & Mao. 101 ... . 68, 74, 76, 82
r. L. & N. W. By. Co. and G. W. By. Co., 4 B. &
Mac. 211 73
Chapman v, G. W. By. Co., 5 Q. B. D. 278 ; 49 L. J. Q. B. 420;
42 L. T. 252 ; 28 W. B. 666 112
Chappell V. North, 1891, 2 Q. B. 252 ; 60 L. T. Q. B. 654 ; 66 L. T.
23 ; 7 Times* L. B. 663 169
Chatterley Iron Co. v. N. Stafford By. Co., 3 N. & Mac. 328 87
Chicot V. Lequesne, 2 Ves. 316 172
Chinery v. ViaU, 6 H. & N. 288 ; 26 L. J. Ex. 180 ; 8 W. B. 629 . . 114
City of Dublin Steam Packet Co. r. L. & N. W. By. Co., 4 B. &
Mac. 10 23, 62
Clomnel Traders v. Waterford & Limerick By Co., 4 B. & Mao. 92. . 85
Clout t;. Met. By. Co., 46 L. T. 141 173
Coates V, Chaplin, 3 Q. B. 483 ; 2 G. & D. 662 107
Cobledick v. L. & N. W. By Co., Times, 28th Oct. 1890 27
Cock, In re, Ex parte Boaevear, 11 Ch. Div. 660 ; 48 L. J. Bk. 100 ;
40 L. T. 730 ; 27 W. B. 691 108, 109
Cog^ V, Bernard, 2 Ld. Baym. 909 ; 1 Sm. L. C. 188 113
Cohen v. S. E. By. Co., 2 Ex. Div. 253 ; 46 L. J. Ex. 417 ; 36 L. J.
130 ; 26 W. k 476 135
Collard v. S. E. By. Co., 7 H. & N. 79 ; 30 L. J. Ex. 393 ; 4 L. T.
410 ; 9 W. B. 697 116
Collins V. Paddington Vestry, 6 Q. B. D. 368 ; 49 L. J. Q. B. 264;
42L.T.573; 28 W. B. 688 170
Colman r. G. E. By. Co., 8th Ann. Bep. By. Commrs 59, 61, 91
Coombs V. Bristol & Exeter By. Co., 3 H. & N. 1, 610 ; 27 L. J. Ex.
401 107
Cooper, Ex parte. In re McLaren, 11 Ch. Div. 68 ; 48 L. J. Bk. 49 ;
40L. T. 105; 27 W.B. 618 98, 108,109
Cork Distilleries Co. v, Gt. S. & W. By. Co., L. B. 7 H. L. 269 ;
8 Ir. B. C. L. 334 110
Coirigan v, G. N. By. Co., 6 L. B. Ir. 91 140
Cory V. Yarmouth & Norwich By. Co., 3 Bailw. Cas. 524 86
Coventry v. G. E. By. Co., 11 Q. B. Div. 776 ; 62 L. J. Q, B. 694. . Ill
Cox V. G. E. By. Co., L. B. 4 C. P. 181 ; 38 L. J. C. P. 151 83
Crouch V. G. N. By. Co., 9 Exch. 556 ; 7 Bailw. Cas. 787 ; 23 L. J.
Ex. 148 33
V, G. W. By. Co., 2 H. & N. 491 ; 3 H. & N. 183 ; 26 L. J.
Ex. 418 98, 113
Cittler V, North London By. Co., 19 Q. B. D. 64 ; 56 L. J. Q. B.
648 ; 56 L. T. 639 ; 35 W. B. 675 141
PLAINTIFFS. XIU
PAOB
D'Arc p. L. & N. W. R7. Co., L. R. 9 C. P. 325 ; 30 L. T. 763 ; 22
W. R. 919 142
Dare Valley Ry. Co., In re, L. R. 6 Eq. 429 ; 37 L. J. Ch. 719 .... 174
Darlington Waggon Co. v. Hardinfr, 1891, 1 Q. B. 246; 60 L. J.
Q. B. 110 ; 64 L. T. 407; 39 W. R. 167 ; 7 Times L. R. 106.. 169,
177
Davey v. Mason, Car. & Manh 445 122, 123
Davis p. Starr, 41 Ch. D. 242 ; 68 L. J. Ch. 808 ; 60 L. T. 797 ; 37
W. R. 481 168
Denaby Main Colliery Co. v. M. S. & L. Ry. Co., 11 App. Caa. 97 ;
14 Q. B. Div. 209 ; 13 Q. B. D. 674 ; 6 B. & Mao. 133 ; 4 B. &
Mao. 437; 55 L. J. Q. B. 181; 64 L. T. 1 33, 34, 36, 41, 68
Dentsche Springstoff Actien Geflellschaft t*. Brisooe, 20 Q. B. D. 177 ;
67L. J. Q. B. 4; 36 W. R. 667 168
Deyerenx v. Barclay, 2 B. & A. 702 114
Dickson r. G. N. Ry. Co., 18 Q. B. Div. 176 ; 66 L. J. Q. B. HI ;
65 L. T. 868 ; 36 W. R. 202. .17, 56, 81, 82, 105, 136, 137, 139, 146
Diphwys Casson Slate Co. r. Feetiniog Ry. Co., 2 K. & Mao. 73 . . 47, 48
Difitington Iron Co. v. L. & N. W. Ry. Co., 6 B. & Mac. 108 ; 4
Times L. R. 785 30
Dobson p. Groves, 6 Q. B. 637 ; 14 L. J. Q. B. 17 166
Donald p. N. E. Ry Co., 6 B. & Mac. 63 62, 82
Doolanf. Mid. Ry. Co., 2 App. Cas. 792 ; 37 L. T. 317 ; 25 W. R.
882 134, 141
Drew V. Drew, 2 Macq. 1 166
Dublin & Meath Ry. Co. v, M. G. W. Ry. Co., 3 N. & Mac. 379 ... . 21
Dublin Whiskey Distillery Co. p. M. G. W. Ry. Co., 4 B. & M. 32.. 22, 26
Dunkirk Colliery Co. p, M. S. & L. Ry. Co., 2 N. & Mao. 402 160
Dulton p. Solomonaon, 3 B. & P. 682 106, 107
Earl p. Stocker, 2 Vem. 251 172
East & West India Dock Co. p. Kirk, 12 App. Cas. 738 ; 57 L. J. Q. B.
295 ; 58 L. T. 158 152, 164
V. Shaw, 39 Ch. D. 524 ; 6 K. & Mao. 94 ;
57 L. J. Ch. 1038 ; 60 L. T. 142 20, 42
East & West Jn. Ry. Co. p. G. W. Ry. Co., 2 N. & Mao. 147 75
Eastern Counties Ry. Co. r. Robertson, 6 M. & G. 38 ; 1 Dowl. & L.
498 ; 6 Soott N. R. 802 164
Eastham p. Tyler, 2 Bail Ct. Rep. 136 159
Edwards p. G. W. Ry. Co., 11 C. B. 688, 21 L. J. C. P. 72 189
Edwards p. Sherratt, 1 East. 604 105
Elbinger Actien G^eeellschaft v. Armstrong, L. R. 9 Q. B. 473 ; 43
L. J. Q. B. 211 ; 30 L. T. 874 ; 23 W. R. 127 116
Emery p. Wase, 5 Ves. 848 , . . . ; 178
European & Americui S. S. Co. r. Croskey, 8 C. B. K. S. 397 ; 29
L. J. C. P. 156 ; 8 W. R. 236 163
Evershed p, L. & K. W. Ry. Co., 2 Q. B. D. 264 ; 3 Q. B. Div. 135 ;
8 App. Cas. 1029 ; 48 L. J. Q. B. 22 ; 89 L. T. 306. . 33, 84, 48, 69
Ziv TABLE OF CASES.
PAOB
Exeter Oamen Oaae, cit. Yorke ir. Grenangh, 2 Ld. Baym. 867 .... 98
Eyre and the C!orporation of Leicester, In ret 1892, 1 Q. B. 136 ; 8
TimeBL. B. 136 156, 167
Farrant r. Barnes, 11 0. B. N. 8. 663 ; 81 L. J. C. P. 137 146
FergoBson v, Norman, 4 Bing. K. 0. 62 ; 6 Boott K. B. 304 ; 1 Jur.
986 170
Fetherstone v. CJooper, 9 Ves. 67 169, 166
Field i;. Newport, &c. Ry. Co., 3 H. & N. 409 ; 27 L. J. Ex. 396 . . 97
Finlay r. N. B. Ry. Co., 8 Ct. Sees. Caa. 969 136
Fiahboume «;. G. S. & W. Ry. Co., 2 N. & Mac. 224 60, 62, 60
V. M. G. W. Ry. Co., 2 Rep. Ry. Com. 3 50
Fleming v. M. S, & L. Ry. Co., 4 Q. B. Div. 81 ; 39 L. T. 556 ; 27
W. R. 481 117
Rowerfti;. S. E. Ry. Co., 16 L. T. 329 122
Ford f;. Jones, 3 B. & A. 248 153
Ford V. L. & S. W. Ry. Co., 6 B. & Mac. Ill ; 63 L. T. 841 ; 60
L.J. Q. B. 130 23, 43, 49, 60, 62, 64, 66, 60, 99
Foreman v. G. E. Ry. Co., 2 N. & Mac. 202 46, 69
Forward i;. Pittard, 1 T. R. 27 102
Foulkes V, Met. Dist. Ry. Co., 6 C. P. Div. 157 ; 4 C. P. D. 267 ; 49
L. J. C. P. 361 ; 42 L. T. 345 ; 28 W. R. 626 108
Fowles V. G. W. Ry. Co., 7 Exoh. 699 ; 7 RaUw. Cas. 421 ; 22 L. J.
Ex.76 107
France v, Gandet, L. R. 6 Q. B. 199 ; 40 L. J. Q. B. 121 ; 19 W. R.
622 116
Freeman 9. Birch, 1 Nev. & Macn. 420 ; 3 Q. B: 492 n 107
Gallop & Central Queensland Co., In re, 26 Q. B. D. 230 ; 69 L. J.
Q. B. 460; 62L. J. 834; 38W. R. 621 172
Garton v. Bristol & Exeter Ry. Co., I N. & Mac. 218 ; 6 C. B. N. S.
639 ; 28 L. J. C. P. 306 . .42, 46, 49, 60, 61
1 B. & S. 112; 30 L. J. Q. B.
273; 9 W. R. 734 97, 141
4 H. & N. 33 ; 28 L. J. Ex. 169, 210
Gatcliffe v. Bourne, 7 M. & G. 860 ; 11 CI. & F. 45 ; 8 Scott, N. R.
606 102
Gibbes, Ex parte, In re Whitworth, 1 Ch. D. 101 ; 46 L. J. Ch. 10 ;
33L.T.479; 24 W. R. 298 108
GiU V. M. S. & L. Ry. Co., L. R. 8 Q. B. 186 ; 42 L. J. Q. B. 89 ;
28L.T.687; 21 W. R. 626 143
Ginder V. Curtis, 14 C. B. N. S. 732 166
Girardot, Flinn & Co. v. Mid. Ry. Co., 4 B. & Mac. 291 26, 47, 69
Gladwin t?. Chilcote, 9 Dowl. P. C. 660 ; 6 Jur. 749 160
Goddard v, L. & S. W. Ry. Co., 1 N. & Mac. 308 60, 64, 56, 61
Gogarty v. G. S. & W. Ry. Co. Ir. R., 9 C. L. 233 129
Golding. Davis & Co., Ex parte, In re Knight, 13 Ch. Div. 629 ; 42
L.T.270; 48W.R.481 109
PLAINTIFFS. XV
PAOB
Gordon v, G. W. 1^. Co., 8 Q. B. D. 44 ; 51 L. J. Q. B. 68 ; 45
L. T. 509 ; 30 W. R. 230 143
Gk>ogli and the Mayor of Liyerpool, Jn re, 6 Times L. B. 453 ; 7
Times L. R. 681 170
Grsj & Co. and Bonstoad & Co., /» r«, 8 Times L. B. 703 169
Great Northern Rj. Co. v, Behrens. Sm Behrens v. G. N. Ry. Co.
V. Morville, 7 Railw. Cas. 830 ; 21 L. J.
Q. B. 319 126
r. Rimell, 18 C. B. 676 ; 27 L. J. C. P.
201 102, 128, 129
1,. Swaffield, L. R. 9 Ex. 132 ; 43 L. J. Ex.
89; 30L. T. 662 98, 112
Great Northern (Ireland) Ry. Co. v. Belfast Cent. Ry. Co., 8 N. &
Mao. 411 71
Great Western Ry., JEx parte, In re Bnahell, 22 Ch. Diy. 470 ; 62
L. J. Ch. 734 ; 48 L. T. 196 ; 31 W. R. 419. . 100
V. Bagge, 16 Q. B. D, 626 ; 54 L. J. Q. B. 599 ;
53L. T. 225; 34 W. R. 46 106
Great Western Ry. Co. v. Bristol Ports Railway and Pier Co., 5 B.
& Mac. 94 22
p. Bunch, 13 App. Cas. 31 ; 67 L. J. Q. B.
361; 68L. T. 128; 36 W. R. 786 135
V. Crouch, 3 H. & N. 183 113
V, Glenister, 29 L. T. 422 ; 22 W. R. 72 . . 143
■ V, Railway Commissioners, 7 Q. B. Div. 182;
50 L. J. Q. B. 483 ; 45 L. T. 206 ; 29
W. R. 901 29
V. Redmayne, L. R. 1 C. P. 329 ; 36 L. J.
C.P. 123; 14 W.R.206 117
„. Rimmel, 18 C. B. 674 102, 127, 129
-^— — ^— V, Severn & Wye Ry. Co., 6 B. & Mac. 170
67, 68, 72
V. Sutton, L. R. 4 ; H. L. 226 ; 38 L. J.
Ex. 177; 18W.R.92 33, 34
17. Swansea, 4 E. & B. 184 110
Grebert Borgnis v, Nugent, 16 Q. B. Diy. 86 ; 54 L. J. Q. B. 511 . . 116
Green & Balfour, J» r«, 63 L. J. 326 171
Green v. St. Elatherine's Docks, 19 L. J. Q. B. 53 97
Greenock & Wemyss Bay Ry. Co. v. CaI. Ry. Co. (No. 1), 2 N.
&Mac 132
(No. 2), 2 N. & Mao 136
(No. 3), 2 N. & Mac. 227 ; 3 N.
& Mac. 146 ; 6 Ct. Sees. Cas.
4thSer. 1000 68
(No. 4), 6 B. & Mac 206
Greenopv. S. E. Ry. Co., 2 N. & Mac. 319 39,47
Greenwood, J« re, 1 P. & D. 463 ; 9 A. & E. 699 164
Gregory v. West Mid. Ry. Co., 2 H. & C. 944 ; 33 L. J. Ex. 165 ;
12W.R.528 137
XYl TABLE OF CA6ES.
PAGB
Hadiey v. Baxendale, 9 Exch. 341 ; 23 L. J. Ex. 179 116
Hagger v. Baker, 14 M. & W. 9 ; 2 Dowl. & L. 856 ; 14 L. J. Ex.
226 164
Haigh V. Haigh, 2 De G. F. & J. 157 ; 31 L. J. Ch. 420 160, 173
Hales V. L. & N. W. Ry. Co., 4 B. & S. 66 ; 32 L. J. Q. B. 292 ;
8 L. T. 421 ; 11 W. R. 856 Ill, 116, 117
Hall V. L. B. & S. C. Ry. Co., 15 Q. B. D. 536 ; 17 Q. B. Div. 230 ;
5 B. & Mao. 28 ; 63 L. T. 345 ; 54 L. T. 713 ; 65 L. J. Q. B.
328; 34 W. R. 658 79,92, 184, 186
Hallet V. Hallet, 7 Dowl. 389 ; 5 M. & W. 25 ; 2 H. & H. 3 ; 3 Jur.
727 167
Hamilton v. Bankin, 3 De G. & S. 782 ; 19 L. J. Ch. 307 165
r. MagiU, 12 L. R. Ir. 186 116
Hammans, Foster & Co. v. Ot, W. Ry. Co., 4 B. & Mac. 181 . .18, 21, 23
Hammond v. Bassey, 20 Q. B. Div. 79 ; 57 L. J. Q. B. 58 116
Harbome Ry. Co. v. L. & N. W. Ry. Co., 2 N. & Mao. 169 96
Hare v. L. & N. W. Ry. Co., 2 J. & H. 80 ; 30 L. J. Ch. 815 . .16, 101
Harris v. Q. W. Ry. Co., 1 Q. B. D. 515 ; 46 L. J. Q. B. 729 ; 34
L. T. 647 ; 26 W. R. 63 113
-». L. &8. W. Ry. Co., 3 N. & Mac. 331 20
V. Cockermouth & Workington Ry. Co., 1 N. & Mac. 97 ;
3 C. B. N. S. 693 ; 27 L. J. C. P. 162 47, 48
Harrison v. L. B. & S. C. Ry. Co., 2 B. & S. 152 ; 31 L. J. Q. B.
113 104, 135, 136, 140
Hart V, Baxendale, 6 Exch. 769 ; 21 L. J. Ex. 123 120, 122, 125
Hastings' Case. See S. E. Ry. Co. v. Railway Commissioners.
Hawes v, S. E. Ry. Co., 54 L. J. Q. B. 174 ; 62 L. T. 614 116
Heam v. L. & S. W. Ry. Co., 10 Exch. 793 ; 24 L. J. Ex. 180 .... 124
Heame v. Garton, 2 E. & E. 66 ; 28 L. J. M. C. 16 ; 33 L. T. 256. . 146
Hemming v, Parker, 13 L. T. 795 ; 14 W. R. 328 165
Henderson v. L. & N. "W. Ry. Co., L. R. 5 Ex. 90 ; 39 L. J. Ex.
55; 21L. T. 766; 18 W. R. 352 122
V. Stevenson, L. R. 2 H. L. Sc. 470 ; 32 L. T. 709 .... 127
Hennesy v. Wright, 21 Q. B. D. 509 ; 67 L. J. Q. B. 530 ; 59 L. T.
323 ; 4 Times L. R. 511 162
Heugh V. L. & N. W. Ry. Co., L. R. 6 Ex. 61 ; 39 L. J. Ex. 48 ;
21L. T. 676 109, 111, 112, 114
Bick, In re, 8 Taunt. 694 166, 167
Higginbotham r. G. N. Ry. Co., 2 F. & F. 798 ; 10 W. R. 368 ... . 104
Hinde v, LiddeU, L. R. 10 Q. B. 265 ; 44 L. J. Q. B. 106 ; 32 L. T.
449; 23W.R.660 116
Hinton t>. Dibdin, 2 Q. B. 646 ; 2 G. & D. 36 124
Hiort V, Bolt, L. R. 9 Ex. 86 ; 43 L. J. Ex. 81 ; 30 L. T. 26 ; 22
W. R. 414 114
V, L, & N. W. Ry. Co., 4 Ex. D. 188 ; 48 L. J. Ex. 646 ; 40
L. T. 674 ; 27 W. R. 778 114
Hoare t?. G. W. Ry. Co., 37 L. T. 186 ; 26 W. R. 63 143
Holdemeesv. Collinson, 7 B. & C. 212 ; 1 M. & R. 66 98
PLAIKTTFFS. XVU
PAQB
Hdland IT. Feetiiuog By. Co., 2 N. ft ICao. 278 44,47
Holyhead Local Board v, L. ft N. W. By. Co., 4 B. ft Mao. 87 . .20, 23
Hooperir. BalfoTir, 62 L. T. 646; (1890) W. N. 61 171
V. L. ft N. W. By. Co., 60 L. J. Q. B. 103 ; 43 L. T. 670 ;
29W.B.241 108
Hopcraft v. Hickman, 2 S. ft S. 130 ; 3 L. J. Gh. 43 173
Hopper, In re, L. B. 2 Q. B. 367 ; 8 B. ft 8. 100 ; 36 L. J. Q. B.
97; 15L.T.666; 16 W. B. 443 164
Home ff. Mid. By. Co., L. B. 8 C. P. 181 ; 42 L. J. C. P. 69 ; 28
L. T. 312 ; 21 W. B. 481 116, 117
Howard 9. Mid. By. Co., 3 N. ft Mao. 268 91
Hndaon p. Baxendale, 2 H. ft N. 676 ; 27 L. J. Ex. 93 102, 112
Hull ft Bamaley Bt. Co. v. York ft Derby Coal Co., 18 Q. B. D.
761; 66L. J. Q. B. 261; 36 W. B. 886 36,46
Huntley, /» r*, 1 Ell. ft B. 787 ; 22 L. J. Q. B. 277 171
Hydeir. TrentftMerseyCo., 6T. B. 389; lEsp. 86 102
Sfracombe Pnblio Conveyance Co. 9, L. ft S. W. By. Co., 1 K. ft
Mac. 61; W.N. 1868,289 22,67
Irrine v. M. G. W. By. Co., 6 L. B. Ir. 66 • • 117
laaaoB, In r$, Sx parte MOee, 15 Q. B. Dir. 89 ; 64 L. J. Q. B. 666 . 108
James, In re, 4 B. ft Ad. 488 ; 2 N. ft M. 328 166
r. James, 23 Q. B. Diy. 12 ; 68 L. J. Q. B. 424 ; 61 L. T.
310; 87W. B. 600 162, 164
1^. Tafl Vale By. Co., 3 N. ft Mao. 640 19
Jameson 9. Mid. By. Co., 60 L. T. 426 116
Jamieson, Jn r^, 4 A. ft E. 945 154
Jenkins f'. LeggB, 1 Dowl. N. S. 277 ; 6 Jnr. 397 166
Jepbson «. Hawkins, 2 Man. ft O. 366; 2Scott, N.B. 606 170
Johnson v. Lane, ft York. By. Co., 3 C. P. D. 499 ; 38 L. T. 448 ;
27W.B.459 114
p. Latham, 20 L. J. Q. B. 288 ; 2 L. M. ft P. 206 171
V. Mid. By. Co., 4 Exoh. 867 ; 6 Bailw. Cas. 61 ; 18 L. J.
Ex.366 16, 101, 106
f^. N. E. By. Co., 6 Times L. B. 68 103
Jones r. N. E. By. Co., 2 N. ft Mao. 208 .86,91
Kemp V. Falk, 7 App. Cas. 673 ; 62 L. J. Ch. 167 ; 47 L. T. 464 ;
31 W. B. 126 ; 6 Asp. M. C. 1 109
tr. Bose, 1 Gi£P. 268 172
Kendal v. Marshal, Stevens ft Co., 11 Q. B. Div. 356 ; 62 L. J. Q.
B. 313 ; 48 L. T. 961 ; 31 W. B. 697 108
Kendall r. L. ft 8. W. By. Co., L. B. 7 Ex. 373 ; 41 L. J. Ex. 184 ;
26L. T. 735; 20W. B. 886 , 102, 103
• ••
XYIU TABLE OF CASES.
PAOK
Kent V, Mid. By. Co., L. B. 10 Q. B. 1 ; 44 L. J. Q. B. 18 ; 31 L.
T. 430; 23 W. B. 25 107, 134
Kenworthy v. Queen Insurance Co., 8 Tunes L. B. 211 • 159
Kerr f . WiUan, 6 H. & S. 150 ; 2 Stark. 53 118
Kimberley r. Dick, L. B. 13 Eq. 1 ; 41 L. J. Ch. 38 ; 26 L. T. 476 ;
20 W.B. 49 172
Kirbyr. O. W. By Co., 15 L. T. N. 8. 668 142
Kirkstall Brewery Co. v, Fumess By. Co., L. B. 9 Q. B. 468 ; 43
L. J. Q. B. 142 ; 30 L. T. 783 ; 22 W. B. 876 129
Knight, In re, Ex pnrle Golding, Davis & Co., 13 Ch. Div. 629 ; 42
L.T. 270; 48 W.B. 481 109
Knight V, The Tabernacle Permanent Building Society, 1891, 2 Q. B.
63 ; 60 L. J. Q. B. 633 ; 65 L. T. 550 ; 39
W.B. 507; 8 Times L. B. 616 161, 162
if. (No. 2) 8 Times L. B. 783 170
Kyle, Jn r^, 2 Jnr. 760 , 160
Lano. k York. By. Co. 9. Gidlow (No. 1], 42 L. J. Ex. 129; 29 L.
T. 346; 21 W. B. 649 ....83, 191
r-v. (No. 2), L. B. 7 H. L. 617; 32
L. T. 673 ; 24 W. R. 144 ... . 83
V. Greenwood, 21 Q. B. D. 215 ; 68 L. J. Q.
B.16; 59L.T.930 36
Lane V, Cotton, 1 Ld. Baym. 652 • 106
Larchin r. Ellis, 11 W. B. 281 165
Leask v. Scott, 2 Q. B. Div. 376 ; 46 L. J. Q. B. 576 ; 36 L. T. 784 ;
25W.B. 6/i4 108
Le Conteur r. L. & S. W. By. Co., L. B. 1 Q. B. 64 ; 35 L. J. Q.
B. 40 ; 13 L. T. 326 ; 14 W. B. 80 ; 6 B. & S. 961 123
Lees V. Lano. & York. Ry. Co., 1 N. & Mao. 352 39
Le Peintur t;. 8. E. Ry. Co., 2 L. T. 170 116
Lewis r. G. W. Ry. Co., 3 Q. B. Div. 196 ; 47 L. J. Q. B. 131 ; 37
L.T. 774; 26W. R. 255 138, 143
V. 6H. &N. 867; 29L. J. Ex. 426 139
LiUey v, Donbleday, 7 Q. B. D. 510 ; 51 L. J. Q. B. 310; 44 L. T.
814 114
Lingwoodr. Eade, 2 Atk. 502 172
Idshman r. Christie, 19 Q. B. Div. 333 ; 66 L. J. Q. B. 538 ; 67
L.T. 652; 35 W. B. 744 Ill
Liver Alkali Co. v, Johnson, L. B. 7 Ex. 338 ; 43 L. J. Ex. 216 ; 31
L. T. 95 105
Liverpool Com Traders* Association v. G. W. B. Co., 8 Times L. B.
519 38
V. L. & N. W. By. Co., 1891,
1 Q. B. 120 ; 7 B. & Mac. 126 ; 60 L. J. Q. B. 76 ; 63 L. T.
564 10, 38, 67, 68
Llangennech Coal Co., In re, 56 L. T. 475 ; W. N. (1887) 22 99
Lloyd 9. Northampton & Banbnxy By. Co., 3 N. & Mac. 259 76
r. Waterford & Limerick By. Co., 16 Lr. C. L. 37 141
PLAINTIFFS. SIX
PAOB
Lock V. YoQiamy, 5 B. ft Ad. 600 ; 2 N. ft H. 336 163
Locke V. N. £. Ry. Co., 3 N, ft Mac. 44 60
London ft N. W. By. Co. v. Baiilett, 7 H. ft K. 400 ; 31 L. J. Ex.
92;5L.T.399; 10 W. R. 109 .... 110
r. Everahed, 3 App. Ca«. 1029; 3 Q. B.
IHy. 135 ; 2 Q. B. D. 254 ; 48 L. J.
Q. B. 22 ; 39 L. T. 306 33,34
c. Price, 11 Q. B. D. 485 ; 52 L. J. Q. B.
764 191
London ft S. W. Rj. Co. v. SUinee Ry. Co., 4 B. ft Mac. 48 . . 19, 20, 24
London, Chatham ft Dover Ry. Co. v. S. E. Ry. Co., 40 Ch. Dir.
100; SSL. J.Ch. 75 ; 60 L. T. 370 ; 87 W. R. 65 159
Londondeny Harbonr Commiarionen v. G. K. Ry. Co., 5 B. ft Mac.
252 10,23,46,67,62,82
Longton, Adderley Green ft Backnell Ry. Co. r. K. Stafford Ry. Co.,
8th Rep. Ry. Commrs. 41 76
Lord «. Lee, L. R. 3 Q. B. 404 ; 9 B. ft S. 269 ; 37 L. J. Q. B. 121 ;
16W.R,856 167
V. Lord, 5 EIL ft B. 401 ; 26 L. J. Q. B. 34 163
V. Mid. Ry. Co., L. R. 2 C. P. 339 ; 36 L. J. C. P. 170 ; 16 L.
T. 676; 15 W. R. 405 Ill, 139
Lowettr. Hobbe, 2 Show. 127 105
Lory 9. Peanon, 1 C. B. N. S. 639 168
Lyell V. Kennedy, 8 App. Cas. 217 ; 52 L. J. Ch. 386 ; 48 L. T. 588 ;
31W.R.618 162
Lyon V, Johnson, 40 Ch. D. 579 ; 58 L. J. Ch. 626 ; 60 L. T. 223 ;
37W.R.427 157
McCanoe r. L. ft N. W. Ry. Co., 3 H. ft C. 313 ; 34 L. J. Ex. 39 ;
llL. T. 426; 12 W. R. 1086 138
Maciarlane r. N. B. Ry. Co., 4 B. ft Mac. 206 31, n., 61
Macha r.L. ft S. W. Ry. Co., 2 Exch. 415 ; 5 Railw. Cas. 302 ; 17
L.J.Ex.271 129
M'Kean r. M'lvor, L. R. 6 Ex. 36 ; 40 L. J. Ex. 30 ; 24 L. T. 559.. 109
McLaren, In re, 11 Ch. Div. 68 ; 48 L. J. Bk. 49 ; 50 L. T. 105 ; 27
W. R. 618 98, 108, 109
McLean t7. Marcoa, Jn r^, 6 Times L. R. 365 171
McManna v. Lane, ft York. Ry. Co., 4 H. ft N. 327 ; 28 L. J. Ex.
363 136
McNally 9. Lane, ft York. Ry. Co., 8 L. R. Lr. 81 141
McQueen v. G. W. Ry. Co., L. R. 10 Q. B. 669; 44 L. J. Q. B.
130; 32L. T. 759; 23 W. R. 698 128, 129
Macqoeen, 7if r<?, 9 C. B. N. S. 793 160
Maidntone Town ConncU v. S. E. Ry. Co., 7 B. ft Mao. 99 ; Times,
13th Jan. 1891 18, 19
Manch. Sheff . ft Line. Ry. Co. r. Brown, 8 App. Cas. 473 ; 32 W. R.
207 137, 138
V. North Central Waggon Co., 35 Ch.
Div. 191 ; 13 App. Cas. 554 ; 68 L. J. Ch. 219 ; 69 L. T. 780 ;
37 W. R. 305 97, 100
62
ZX TABLE OF CASES.
PAOB
Marriott v, L. &S. W. By. Co., 1 K. & Mao. 47 ; 1 C. B. N. S. 499;
26 L. J. C. P. 164 67
Martin v. Gt. Ind. Pen. Kv. Co., L. B. 3 Ex. 9 ; 37 L. J. Ex. 27 ;
17L. T. 349 143
Mason r. Wallifl, 10 B. & C. 107 167
Matron v. Trower, B. & M. 17 168
Mayhew v, Eames, 3 B. & C. 601 ; 1 C. & P. 660 118
r. Nelson, 6 C. & P. 68 121
Menzies v. Oal. By. Co., 6 B.' & Mao. 306 31 n., 49, 60, 62, 64, 61
MetcaHe v. L. B. & S. 0. By. Co., 4 C. B. K. S. 307 ; 27 L. J. C. P.
205, 333 128, 129
Metropolitan District By. Co. v. Met. By. Co., 6 B. & Mac. 126 .... 74
Midland By. Co. v. Freeman, 12 Q. B. D. 629 ; 63 L. J. M. C. 79 ;
32W.B.830 106
i>. G. W. By. Co., 2N. & Mac. 28 74
Miles, JExparte^ In re Isaacs, 16 Q. 6. Div. 39 ; 64 L. J. Q. B. 666. . 108
r. Cattle, 6 Bing. 743 ; 4 M. & P. 630 118
MiUen r. Brasch, 10 Q. B. Div. 142 ; 62 L. J. Q. B. 127 ; 47 L. T.
686; 31W.B.190 123
Minet v, Morgan, L. B. 8 Ch. 361 ; 42 L. J. Ch. 627 ; 28 L. T. 673 ;
21W.B.467 162
Mitchell V, Lane. & York. By. Co., L. B. 10 Q. B. 266 ; 44 L. J.
Q. B. 107; 33L. T. 161; 23 W. B. 863 Ill, 112
Moore 9. G. N. By. Co., 10 L. B. Ir. 96 , 139
r. Wilson, IT. B. 659 106
Morphett, Inre, 2 D. & L. 967; 14 L. J. Q. B. 269 160
Morris, /nrf, 6 Ell. & B. 383; 25 L. J. Q. B. 261 171
Morritt V, N. E. By. Co., 1 Q. B. Div. 302 ; 46 L. J. Q. B. 289 ; 34
L. T. 940 ; 24 W. B. 386 124
Moseley v, Simpson, L. B. 16 Eq. 226 ; 42 L. J. Ch. 739 ; 28 L. T.
727; 21 W. B. 694 172, 173
Mulliner v. Florence, 3 Q. B. Div. 484 ; 47 L. J. Q. B. 700 ; 36 L. T.
167 ; 26 W. B. 385 98
Munday v. Black, 9 C. B. N. S. 667 ; 30 L. J. C. P. 193 ; 9 W. B.
274 160
Mosohamp r. Lane, ft Preston By. Co., 8 M. ft W. 421 ; 2 Bailw.
Cas. 607 107
Mntter r. Eastern & Midlands I^. Co., 38 Ch. Div. 92 ; 67 L. J. Ch.
616; 69L. T. 117; 36 W. K. 401 86
Myers r. L. ft S. W. By. Co., L. B. 5 C. P. 1 ; 39 L. J. C. P. 67 ;
21L. T. 461 82, 196
Mysore West Gold Mining Co., 42 Ch. D. 636 ; 68 L. J. Ch. 731 ; 61
L. T. 453 ; 37 W. B, 794 163
Mytton V. Mid. By. Co., 28 L. J. Ex. 386 (reported on another point,
4H. &N. 016) 122
Napier v. Glasgow & S. W. By. Co., 1 N. ft Mao. 292 ; 4 Ct. Sess.
Cas. SrdSer. 87 66,78
Kewry ft Armagh By. Co. v, G. N. Ir. By. Co., 3 N. ft Mac. 28 ... • 72
•
PLAINTIFFS. ZXl
PAOB
Kewry NaTigatioa Co. 9. G. N.By. Co., 7 B. ft Mao. 176. ...19, 20, 21,
23,77
NewxyTown Commn. p. G. N. Bj. Go., 7 B. ft Mao. 184 ....44, 45, 59
Kioholaon v, G. W. Bj. Co. (No. 1), 1 N. ft Mao. 121 ; 5 C. B. N. S.
866 46,47
(No. 2), 1 N. ft ICao. 148 ; 7 C. B. N. 8.
756 55
*. Wilbn, 5 East, 507 ; 2 Smith, 107 118
Niokalls V. Wanoi, 6 Q. B. 615 ; 2 Dowl. ft L. 549 165, 171
Nitrophospbate Co. r. London ft St. Eath. Bock Co., 9 Ctu Dir. 503 ;
89L,T.483; 27W.K.267 104
Kitahill ft Leanmhagov Coal Co. v. Gal. By. Co., 2 K. ft Mao. 39. .45, 60
Nobel «. P. Stewart ft Co., 6 Times L. B. 878; 35 Sol. J. 546 158
North p. L. ft S. W. Bj. Co., 14 G. B. N. S. 132 ; 32 L. J. G. P. 156 ;
8L.T.246; 11 W. B. 624 97
North Brit. By. Go. 1^. Garter, 2 Maoq. 998 97
North Central Waggon Co. p, M. 8. ft L. By. Co., 35 Gh. Div. 191 ;
13 App. Gas. 554 ; 58 L. J. Gh. 219 ; 59 L. T. 730 ; 37 W. B.
305 97, 100
North Eastern By. Go. r. Cairns, 32 W. B. 829 112
North Lonsdale Iron Go. p, Fomeas By. Co., 7 B. ft Mao. 147 ; 60
L. J. Q. B. 419; 64 L. T. 122 41, 68
North Monkland By. Go. p. North Brit. By. Co., 3 N. ft Mao. 282... 74
Notting Hill, The, 9 P. Div. 105 ; 53 L. J. P. 66 ; 51 L. T. 66 ; 32
W.B. 764; 5 Asp. M. G. 241 117
Nugent p, Sndth, 1 G. P. Diy. 423 ; 45 L. J. G. P. 697 ; 34 L. T.
827; 25W. B, 117 102, 103, 104
Nnttall r. Mayor of Manchester, 8 Times L. B. 513 ..158, 172
G'Hanlan p, G. W. By. Co., 6 B. ft S. 484 ; 34 L. J. Q. B. 151 ;
12L.T.490; 13W.B.741 115
Ohrloff r. Briscall, L. B. 1 P. G. 231 ; 4 Moo. P. G. G. N. S. 70 ; 35
L.J.P.G.63; 14L.T.873; 15 W. B. 202 102
Oliver ft Scott's Arbitration, In re, 48 Gh. D. 310; 59 L. J. Gh. 148;
61L.T.652; 88 W. B. 476 172
Owen 9. Burnett, 2 Gr. ft M. 353; 4 Tyr. 133 121, 125
Oxlade p, N. E. By. Go. (No. 1), 1 N. ft Mao. 73 ; 1 G. B. N. S. 454 ;
26L. J. G. P. 129 55
(No. 2), 1 N. ft Mao. 162 ; 16 G. B. N. 8.
680 56
3N. ft Mao. 36 86,90
Painter i>.L. B. ft 8. G. By. Co., 1 N. ft Mao. 68; 2C. B. N. 8. 702. .22, 57
Palmerr. Met. By. Co., 31 L. J. Q. B. 269 167
r. L. B. ft 8. G. By. Co., L. B. 6 G. P. 194 ; 1 N. ft Mac.
271 ; 40 L. J. G. P. 133 43
Parana, The, 1 P. D. 462 ; 2 P. Div. 118 ; 36 L. T. 388 ; 25 W. B.
496 117
XXU TABLE OF CASES.
FAOK
Pardingtonif. S.Wales Ry. Co., 1 H. & N. 302 132
Parker v, S. E. Ry. Co., 2 0. P. D. 416; 46 L. J. 0. P. 768 ; 37 L. T.
640; 25 W. R. 664 t 126, 127
Parkinson r. G. W. Ry. Co., L. R. 6 C. P. 544 ; 1 K. & Mac. 280. . 63
Patscheider u. G. W. Ry. Co., 3 Ex. D. 163 ; 38 L. T. 149 ; 26
W. R. 268 112
Peek V. North StaflP. Ry. Co., 10 H. L. C. 473 ; 32 L. J. Q. B. 241 ;
8L. T. 768; 11 W. R. 1023 104,136,137,139,142
PelsaU Coal Co. p, L. & N. W. Ry. Co. (No. 1), 23 Q, B. D. 536 ;
7 B. & Mac. 1 ; 61 L. T.
267 86, 88, 89,94
(No. 2), 7 B. & Mao. 36 . . 90, 96
Pegler r. Monmouthshire Ry. & Canal Co., 6 H. & N. 614 ; 30 L. J.
Ex. 249 ; 4 L. T. 331 ; 6 W. R. 697 82
Penrice v, Williams, 23 Ch. D. 353 ; 52 L. J. Ch. 693 ; 48 L. T. 868 ;
31W.R.496 162
Perkins r. L. &N.W.Ry. Co., IN. & Mao. 327 86
Perryman r. Steggall, 2 Dowl. P. C. 726 164
Pescod V. Pesood, 58 L. T. 76 153
Pianoiani 1. L. & S. W. Ry. Co., 18 C. B. 226 124
Pickering Phipps r. L. & N. W. Ry. Co., 8 Times L. R. 419 ...42, 48, 69
Pickford v, Cal. Ry. Co., 1 N. & Mao. 262 ; 4 Ct. Sess. Cas. 3rd Ser.
766 62, 63, 54, 56, 61
Pickthall V, Merthyr Local Board, 2 Times L. R. 805 168
Plows r. Middleton, 6 Q. B. 845 165
Ponsford i^. Swaine, Johns. & H. 433 « 174, 176
Pontifex r. Hartley, 8 Times L. R. 657 142
V. Mid. Ry. Co., 3 Q. B. Div. 23; 47 L. J. Q. B. 28 ; 37
L.T.403; 26 W. R. 209 109
Portway v. Colne Valley & Halstead Ry. Co., 7 B. & Mao. 102 ... .27, 28
Potter V. Newman, 2 C. M. & R. 742 ; 4 Dowl. P. C. 604 ; IJ. & G.
29 166
Price r. L. & N. W. Ry. Co., 11 Q. B. D. 486 ; 62 L. J. Q. B. 764 . . 83
Patney Overseers v, L. & S. W. Ry. Co., 1891, 1 Q. B. 440 ; 60 L. J.
Q.B.438; 64 L. T. 280 ; 39W.R.291 18
Randcgger r. Holmes, L. R. 1 C. P. 679 158
Randell v, Thompson, 1 Q. B. Div. 748 ; 45 L. J. Q. B 713 ; 36 L. T.
193; 24W.R.37 168
Ransome v. Eastern Counties Ry. Co. (No. 1), 1 N. & Mac. 63 ; 1 C. B.
N. S. 437; 26 L. J. C. P. 91 69
(No. 2), 1 N. & Mac. 109; 4
C. B. N. S. 13o ; 27 L. J.
O. P. 166 47
(No. 3), 1 N. &Mac. 116, not quoted
(No. 4), 1 N. & Mac. 166 ; 8
C. B. N. S. 709 . . 46, 46, 47, 59
Rcdfem v, Redfem, (1891) P. 139 ; 60 C. J. P. 9; 64 L. T. 68 ; 39
W. R. 212 ; 7 Times L. R. 167 161
• • •
PLAINTIFFS. XXm
FAin
Begina v, VreoQes, (1891) 1 Q. B. 360 ; 60 L. J. M. C. 62 ; 64 L. T.
389 ; 39 W. B. 366 163
Bex V. Hill, 7 Price, 636 167
Bhymnej By. Co. v. Bhynmey Iron Co., 26 Q. B. IHy. 146 ; 6 B. ft
Mac. 60 36,44,46,47,48
Bice 9. Bazendale, 7 H« & N. 96; 30 L. J. Ex. 371 116
BichardBQii r. Mid. By. Co., 4 B. ft Mac. 1 46,47,69,61
V. NorUi Eaatem By. Co., L. B. 7 C. P. 76 ; 41 L. J.
C. P. 60; 26L. T. 131; 20 W. B. 461 103, 106
Boberts r. Mid. By. Co., 26 W. B. 323 HI
Bobertson v. G. S. ft W. By. Co., 2 N. ft Mac. 374 60, 61
V. M. G. W. By. Co., 2 N. ft Mao. 409 60,61, 91
BobbB, J?j;i»r^^, 7I>owLP. C. 666 ; 106
Bobinaon v. G. W. By. Co., L. B. 1 C. P. 329 ; 36 L. J. C. P. 124 ;
14 W. B. 206 142
9. L. ft S. W. By. Co., 19 C. B. N. S. 61 ; 34 L. J. C. P.
234; 13W.B.660 138
Bodocanacbi v, Mnbimi, 18 Q. B. Dir. 67 ; 66 L. J. Q. B. 202 ; 66
L. T. 694 ; 36 W. B. 241 ; 6 Asp. M. C. 100 116
Booth V, N. £. By. Co., L. B. 2 Ex. 173 ; 36 L. J. Ex. 83 ; 16 L. T.
624; 16W.B.695 109,140
Boeevear Co., JSx parts, In re Cock, 11 Ch. Diy. 660 ; 48 L. J. Bk.
100; 40L. T. 730; 27 W. B. 591 108, 109
Bontledge v. Thornton, 4 Tannt. 704 169
Boyal National Lifeboat Inst. r. L. ft K. W. By. Co., 3 Times
L.B.601 110
Bumsey v, N. E. By. Co., 14 C. B. K. S. 641 ; 32 L. J. C. P. 244 ;
8L.T.666; 11 W. B. 911 139
Boshforth v. Hadfield, 6 East, 619 ; 2 Smith, 264 ; 7 East, 224 ;
3 Smith, 221 98
Bussell V. Bussell, 14 Ch. Diy. 471 ; 49 L. J. Ch. 268 ; 42 L. T.
112 169
Salisbury ft Dorset By. Co. v. L. &S. W. By. Co., 3 K. ft Mac. 314 . 76
Salkeld, J» r^, 4 P. & D. 732 ; 12 A. ft E. 767 166
Scaife v, Farrant, L. B. 10 Ex. 358 ; 44 L. J. Ex. 234 ; 33 L. T.
278; 23W.B.840 106
Scarfe f'. Morgan, 4 M. ft W. 270; 1 H. ft H. 292 98
Schotsmans v. Lane, ft York. By. Co., L. B. 2 Ch. 332 ; 36 L. J.
Ch.361; 16L.T. 189; 16 W. B. 537 109
Schnlze v. G. E. By. Co., 19 Q. B. Div. 30 ; 66 L. J. Q. B. 442 ; 57
L.T.438; 36 W. B. 683 116
Soottf^. VanSandau, 6Q. B. 237; 8 Jur. 1114 160
Searle v, LaTorick, L. B. 9 Q. B. 122 ; 43 L. J. Q. B. 43 ; 30 L. T.
89;22W.B.367 113
Seton V, Lafone, 19 Q. B. Div. 68 ; 66 L. J. Q. B. 415 ; 67 L. T.
547; 36W.B.749 HI
Sevem and Wye By. Co. v. G. W. By. Co., 6 B. ft Mac. 156 .. . 68, 73, 76
XXIV TABLE OF CASES.
PAOK
Shaw and Bonaldson, In re, (1892) 1 Q. B. 91 ; 61 L. J. Q. B. 141 ;
8 Times L. R. 85 152, 163
Shepherd v, Bristol and Exeter Bj. Co., L. B. 3 Ex. 189 ; 37 L. J.
Ex. 113; 18L.T. 528; 16 W. R. 982 107
Sheridan t>. Nagle, 6Ir. G. L. 110 170
Shubrook r. Tuftnell, 46 L. T. 749 170
Simons r. G. W. Ry. Co., 18 C. B. 805; 26 L. J. C. P. 25 141
Simpson v, L. & K. W. Ry. Co., 1 Q. B. D. 274 ; 45 L. J. Q. B.
182 ; 33 L. T. 805 ; 24 W. R. 294 116
Skmner v. Upehaw, 2 Ld. Rajm. 756 , 98
Skinningroye lion Go. v. K. E. Ry. Go., 2 B. & Mac. 244 . .55, 56, 57, 58
Smith and Service and Nelson, In re, 25 Q. B. Div. 545 ; 59 L. J.
Q. B. 533 ; 63 L. T. 475 ; 39 W. R. 117 ; 6 Times L. R.
434 152, 156
Smith V, Home, 8 Taunt. 144 ; 2 Moore, 18 : Holt, 613 118
V. Hartley, 10 G. B. 800 ; 2 L. M. ft P. 340 ; 20 L. J. G. P.
169 168
Solway Jn. Ry. Go. r. MaryportRy. Go., 3 N. ft Mao. 264 76
Somes V, British Empire Shipping Go. See British Empire Shipping
Go. V. Somes.
South Eastern Ry. Go. v. Railway Gommissioners, 6 Q. B. Div. 586 ; ^^
3 K. ft Mac. 464 ; 50 L. J. Q. B. 201 ; 44 L. T. 203.... 16, 19, 20,
22, 28
Southsea ft Isle of Wight Steam Ferry Go. v, L. ft S. W. Ry. Go.,
2K. ft Mao. 341 56,78
Sowerby v, O. K. Ry. Co., 7 Times L. R. 260 ; 7 B. ft Mac. 156 ;
60 L. J. Q. B. 467 ; 66L. T. 546 8, 185
Spence v. Eastern Gounties Ry. Go., 7 Dowl. P. G. 697 160
Spencer r. Newton, 6 A. ft E. 623 ; 1 N. ft P. 823 ; W. W. ft D. 232 164
Stallard v. G. W. Ry. Go., 2 B. ft S. 419 ; 31 L. J. Q. B. 137 ;
6L. T. 217; low. R. 488 113, 114
Stephens r. L. ft S. W. Ry. Go., 18 Q. B. Diy. 121 ; 56 L. J. Q. B.
171; 56L. T. 226; 35 W. R. 161 127, 129
Stephenson 9. Hart, 4 Bing. 476 ; 1 M. ft P. 357 109
Stewart v. L. ft N. W. Ry. Co., 3 H. ft G. 135 ; 33 L. J. Ex. 199 ;
10L.T.302; 12 W. R. 689 135
r. N. B. Ry. Go., 5 Gt. Sess. Gas. 4th Sar. 426 110
Stoessiger v. S. E. Ry. Go., 3 E. ft B. 549 ; 23 L. J. Q. B. 293 .... 120
Stuart t;. Grawley, 2 Stark. 323 , 104
Swain r. Shepperd, 1 M. ft Rob. 223 107
Swannca Tramways Go. v. Swansea ft Mumbles Ry. Go., 3 N. ft Mao.
339 19
Swindon ft Marlborough Ry. Go. v. G. W. Ry. Go., 4 B. ft Mao.
349 72
Symcs r. Goodfellow, 4 Dowl. P. G. 642 ; 2 Bing. N. G. 532 ; 2 Scott,
769 164
Syms t\ Ghaplin, 5 A. ft E. 634 ; 1 N. ft P. 129 ; 2 H. ft W. 411 . . 127
PLAINTIFFS. XXT
PAOB
Tal-j-Iiyn Bj. Co. «. Ounbrian Bj. Co., 5 B. ft ICac. 122 76
Taylor «. G. N. By. Co., L. B. 1 C. P. 3S5; 35 L. J. C. P. 210.... 110
Temple, jEr/Hirl^ 2 Yes. ft B. 391 ; 2 Bcoe, 22 104
Templenum, Jm fv, 9 DowL P. G. 902 ; Jor. 324 100
Thanu Sulphur ft Copper Co. 9. L. ft K. W. By. Co., 3 K. ft Mais.
465 22,24, 19t
ThoU. Henderaon, 8 Q. B. D. 457 ; 40 L. T. 483 110, 117
Thomaa r. North Stair. By. Co., SN. ft Mac. 1 20,22, 23
Thompaoa «. L. &K. W. By. Co., 2 N. ft Mao. 115 59
Thorbum «. Barnes, L. B. 2 C. P. 384 ; 30 L. J. C. P. 184 ; 10 L. T.
10; 15W.B.023 104
Thorpes. Hid. By. Co., 11 Bep. By. Com. 1 59
miamr. Copp, 5C. B. 211 100
Tamhnaon v. L. ft K. W. By. Co., 03 L. T. N. S. 80 ; 7 B. ft Mae.
22 88, 90, 91, 94, 90
Torbay ft Bzixham By. Co. v. Sonth Deron By. Co., 2 N. ft Mao.
391 75
Trainor v, Phcanix Fire Insoranoe Co., 8 Times L. B. 37 159
Treadwin v. O. E. By. Co., L. B. 3 C. P. 308 ; 37 L. J. C. P. 83 ;
17L.T.601; ieW.B.365 121
Trent ft Mersey Co. IT. Wood, 4 Dongl. 287 102
Tryer r. Shaw, 27 L. J. Ex. 320 100
Tullis V. Jacson, (1892) W. N. 100 172
Tunno, In re, 6 B. ft Ad. 488; 2K. ftM. 328 154
TameriT. a. W. By. Co., 34L.T. N. 8. 22; 13 Cox, C. C. 191.... 129
Tamook v. Sartoris, 43 Ch. Dir. 150 ; 02 L. T. 209 ; 38 W. B. 340. 157
Van Toll v. S. E. By. Co., 12 C. B. N. S. 75 ; 31 L. J. C. P. 241 ;
OL. T. 244; 10 W. B. 578 134
Vanghton v. L. ft N. W. By. Co., L. B. 9 Ex. 93 ; 43 L. J. Ex. 75 ;
SOL. T. 119; 22W. B, 330 128, 129
Victoria Coal ft Iron Co. v. Keath ft Brecon By. Co., 3 N. ft Mac.
37 18,21
Yictoriaa Bailway Commrs. v. Conltas, 13 Ap. Cas. 222 ; 57 L. J.
P. C. 09; 58L.T. 390; 37W. B. 129 117
Walfoid r. Prince S.S. Co., 90 L. T. Jo. 407 157
Walker IT. Frohiaher, Yes. 70 105
Wallaoer. Dublin ft Belfast By. Co., 8 Ir.B.C.L. 341 124
V. Wood, By. ft M. 194 98
Waller r. M. O. W. By. Co., 4 L. B. Ir. 370 117
r. York ft N. Mid. By. Co., 2 E. ft B. 750; 23 L. J. Q. B.
73 120, 132
Wallia V. Hirsch, 1 C. B. K. S. 310 ; 20 L. J. C. P. 72 158
V. L. ft S. W. By. Co., L. B. 5 Ex. 02; 39 L. J. Ex. 57 ;
21L.T. 076; 18W.B.347 97
XXYl TABLE OF CASES.
PAOB
"Wannan v, Scot. Cent. Ry. Co., 1 N. & Mao. 237 ; 2 Cfc. Seas. Caa.
3rd Ser. 1373 63, 61
Wamer v. Powell, L. R. 3 Eq. 261 ; 16 W. R. 303 167
Warwick & Birmingham Canal Nav. Co. v. Birmingham Canal Co.,
3 N. & Mao. 113, 324 ; 6 Ex. D. 1 ; 48 L. J. Ex. 650 ... .71, 74, 76
Watlrins V. Rymill, 10 Q. B. D. 178 ; 62 L. J. Q. B. 121 ; 48 L. T.
426; 31W.R.337 126
Watkinson v, Wrexham, Mold & Connah's Quay Rj. Co. (No. 1),
3 N. & Mao. 6 24, 86, 191
(No. 2), 3 N. & Mao. 164 22
(No. 3), 3N. & Mac. 446 22, 87
Watson V. G-. W. Rj. Co., 9th Annual Report Railway Com-
missioners 12, 18, 19
Way V. a. E. Ry. Co., 1 Q. B. D. 692 ; 46 L. J. Q. B. 874 ; 86 L. T.
253 129
Webbv. a. W. Ry. Co., 26 W. R. Ill 143
r. Taylor, 1 Dowl. & L. 676 ; 13 L. J. Q. B. 24 , 164
West V. L. & N. W. Ry. Co., L. R. 6 C. P. 622 ; 1 N. & Mac. 166 ;
39 L.J. C. P. 282; 23 L. T. 371; 18 W. R. 1028 20,42, 60
Westfieldv. G. W. Ry. Co., 62 L.J. Q. B. 276 99, 100
Wbaite v. Lane. & York. Ry. Co., L. R. 9 Ex. 67 ; 43 L. J. Ex. 47 ;
30 L. T. 272 ; 22 W. R. 374 126
Whatley v. Morland, 2 C. & M. 347 ; 2 Dowl. P. C. 249 ; 4 Tyr. 266 161
Whiteley& Roberts' Arbitration, Inre, 1891, 1 Ch. 658 ; 60 L.J. Ch.
149 ; 64 L. T. 81 ; 39 W. R. 248 178
Whitworth, In re, Ex parte Gibbes, 1 Ch. D. 101 ; 46 L. J. Ch. 10 ;
33L.T.479; 24 W. R. 298 108
Wilkinson v. Verity, L. R. 6 C. P. 206 ; 40 L. J. C. P. 141 ; 24 L. T.
32; 19W.R.604 .^ 114
Willesford v. Watson, L. R. 8 Ch. 473 ; 42 L. J. Ch. 447 ; 28 L. T.
428; 21 W. R. 360 167, 158
Williams f>. G. W. Ry. Co., 62 L. T. 250 106
Williams & Stepney's Contract, In re, 1891, 2 Q. B. 267 ; 60 L. J.
Q. B. 636; 66L. T. 208; 39 W. R. 633 176, 176
Willis v. Wakeley, 7 Times L. R. 604 178
Wilson V. Eastern Counties Navigation & Transport Co., 1892, 1 Q. B.
81; 8 Times L. R. 264 166
r. Lano. & York. Ry. Co., 9 0. B. N. S. 632 ; 30 L. J. C. P.
232 ; 3 L. T. 859 ; 9 W. R. 636 116
Wiltshire Jxon Co. v. G. W. Ry. Co., L. R. 6 Q. B. 101, 776; 40
L.J. Q. B. 43, 308; 23 L. T. 666; 19 W. R. 177, 935 99
Winsford Local Board v. Cheshire Lines Committee, 24 Q. B. D. 466 ;
7 B. & Mac. 72 ; 69 L. J. Q. B. 372 ; 62 L. T. 268 ; 38 W. R.
611 17, 18
Woodger V. G. E. Ry. Co., 2 N. & Mac. 102 61
V. G. W. Ry. Co., L. R. 2 C. P. 318 ; 36 L. J. C. P. 177 ;
16L.T.679; 16 W. R. 383 117
Woodruff r. Brecon & Merthyr Tydfil Jn. Ry. Co., 28 Ch. Div. 190 ;
64 L. J. Ch. 620 ; 62 L. T. 69 ; 33 W. R. 125 27
• •
PLAINTIFFS. ZXVU
VAOE
WoodwaitL r. L. ft N. W. Bj. Co., 3 Ex. D. 121 ; 47 L. J. Ex. 263 ;
38L. T. 321; 26 W. K. 354 122, 125
Worsdell, In re. Ex parte Barrow, 6 Gh. D. 783 ; 46 L. J. Bk. 71 ;
36 L. T. 325 ; 25 W. B. 466 108
Wren r. Eastern Gomitiee By. Co., 1 L. T. N. 8. 6 110
Wright r. SneU, 6 B. ft Aid. 360 100
Wykes 9. Shipton, 3 N. ft M. 240 168
Wyld V. Pickford, 8 M. ft W. 443 118,121
York, Newcastle ft Berwick By. Co. v. Crisp, 14 C. B. 627 ; 23 L. J.
C.P.126 126
Yorke v. Grensngli, 2 Ld. Baym. 876 98
Yonng* 9. Gwendraeth Valleys By. Co., 4 B. ft Mao. 247 30
ZxLnz r. S. E. By. Co., L. B. 4 Q. B. 539 ; 38 L. J. Q. B. 209 ; 20
L. T. 873 [Mine case snb nom. Tomer r. 8. E. By. Co., 10 B. ft
8.594; 17W.B.1096] 134
'
ZXTIU
TABLE OF CASES.
DEFENDANTS.
Pi.OB
Abraham, Atkinfion 9. • 165
Armstrong, Elbinger Action
Oesellsohaft 9 116
Baker, Hagger v 164
Balfonr, In re Greene and .... 171
Hooper v 171
Bank of British Colombia,
Anderson v , • 162
Bankin, Hamilton v 165
Barclay, Devereux v. ...... 114
Barnes, Farrant v 146
Thorbumr 164
Bartlett,L.&N.W.Ry.Co.v. 110
Bazendale, Bernstein v. .. 121, 122,
123
Hadlejv 116
Hart V. . . 120, 122, 126
Hudson V 102, 112
Bioev 116
Beddon, Beddon V 172
Belfast Central By. Co., Gt. N.
Ky. Go. (Ir.) v 71
Bernard, Coggs 9. 113
Birch, Freeman v 107
Birmingham & Derby Jn. By.
Co., Att.-G^en. v, . •
Birmingham Canal Co., War-
wick & Birmingham Canal
Co. 9 71,74,76
Black, Munday v • 160
Bolt,Hiortv 114
Bourne, Gtatdiffe tf 102
Boustead, Gray and, In re,,,, 169
Boutcher, Brandt and, In re,. 171
Brasch, Millen v 123
Brecon & Merthyr Tydfil Jn.
Ry. Co., Woodruff v 27
Bridges, Bidder 9 162
Briscall, Ohrloff v 102
Briscoe, Deutsche Springstofl
Aotien Gessellsohaft v 158
34
Bristol & Exeter By. Co.,
Baxendfue v. . . 61
Coombs V 107
Garton v. . . 42, 46, 49,
60, 61, 97, 141, 210
Shepherds 107
Bristol Port & Pier Co., G. W.
By. Oo. v» •••••••.•*•••• ^^
Brown, M. 8. A L. By.
Co. V, •••••••••••••• 137, 138
Bunch, G. W. Ry. Co. r 136
Burnett, Owen v 121, 126
Bussey, Hammond v 115
Cairns, N. E. By. Co. f 112
Caledonian By. Co., Greenock
& Wemyss Bay By. Go. v. 68, 206
Menzies v. . . 31, 49, 60,
61, 64, 60
— ^» Nitahill & Lesmaha-
gow Coal Co. V. 46, 60
Piokford v. . . 62, 53, 64,
66,61
Cambrian By. Co., Tal-y-llyn
By. Go. v, •••••••••••••• 76
Carter, North Brit. By. Co. r. 97
Cattle, Miles r 118
Chaplin, Coates v • 107
Bymsr 127
Chapman, Boyce v • • . . • 129
Cheshire Lines Committee,
Winsford Local Board IT. ..17, 18
Chiloote, Gladwin V 160
Christy, Lishman v, . • • 111
Clark, Bethell IT 108,109
Cockermouth & Working^ton
By. Co., Harris v 47, 48
CoUinson, Holdemess v 98
Golne Valley & Halstead By.
Co., Portway r ,27,28
Cooper, Fetherstone v. . . 169, 166
Copp, Tillam r 160
Cotton, Lane v. 106
DEFEND AUTS.
PAOB
Gonltoa, Victorian B7. Com-
xniaaioaflrBr 117
Onwlejr, StuBTi V 104
Crisp, York, Newcastle k Ber-
wick Rj. Go. 9 126
Croflkey, European & American
SS.Co.r 153
Cronoh, a. W. Rj. Co. r 113
Curtis, Ginder v 165
Davison, Att.-Gen. 9. ..•••• 164
Dibbin, Hinton 9 124
Dick, Eimberlx 1^ 172
Donoyan, Batson f^ 118
Doableday, Lillej v 114
Drew, Drew 9 165
Dubbin, Wallace 9 124
Eade, Lingwood 1^. .••.....• • 172
Eomes, Maybew V ..•• 118
Eastern & llidlands By. Co.,
Matter 9 • 86
Eastern Counties By. Co.,
Beadellv 22, 56
Bansomer. 45,46,47,59
Spencer 160
Wrenc 110
Eastern Covmties Kayigation
& Transport Co., Wilson v.. . 156
Ellis, Larobin 9 165
Evershed, L. ft K. W. By.
Co. 9 33, 34
Falk, Kempv 109
Farrant, Soaife 9 105
Festimog By. Co., Diphwys
Caason Slate Co. 9. 47, 48
Holland 9 44, 47
Florence, MoQiner 9 98
Freeman, Hid. By. Co. r 106
Frolnaher, Walker r 165
Fnmess By. Co., Kirkstall
Brewery Co. 9. 129
• North Lonsdale Iron
Co.* 41,58
Gkde, Bignall 9 165
Oarton, Heame 9 146
QatcUffe, Bourne « ••• 102
Gandet, France r 115
Gidlow, Lane. & York By.
Co.r 83, 191
Glasgow ft South Western By.
Co., Ayrshire ft Wig-
tonshire By. Co. «. . . 62
— — Napier 9 56, 78
Gknister, G. W. By. Co. ♦. . . 148
Goodfellow, Symes 9 164
Great Eastern By. Co., Baxen-
dalev 126, 142
Cobnaar 59, 61, 91
. CoTentry 9 Ill
Cox» 83
Foreman 9 45, 69
Schuke* 115
Treadwinr 121
Wayv 129
Woodger 9 61
Ghreat Indian Peninsular By.
Co., Martin r 143
Gtreat Northern By. Co.,
Barretv 20, 22
Behrensr 123
Belfast Central By.
Co.r 71,72,77
Corriganr 141
-.^-^— Crouch V. 33
Dickson r... 17, 56, 81,82,
105, 135, 137, 139, 146
Higginbotham 9. . .. 104
Londonderry Har-
bour Commission-
ers, V. , . 10, 23, 46, 57,
62, 8i
Moore ff 139
Newry ft Armagh
By.Co.r 72
Newry Narigation
Co.r. 19,20,21,23,77
Newry Town Com-
missioners ... 44, 45, 59
' Sowerby r 8, 186
^ Taylor 1' HO
Great North of Scotland By.
Co., Aberdeen Commercial
Co.r 21,28,60,81,192
TABLE OF CASES.
PAOB
Great Sonthern & Weetem B7.
Co., Cork DifitUleries
Co.r 110
Fishboume v. . . 60, 62, 60
Grogartyr 129
Robertson r. ...... 60, 61
Groat Western Ry. Co., Ald-
ridge v. .'. 106, 107, 142
Alldayr.. 140
Baxendale r 61, 49
Bbwerr 102, 103
Bronghton & Plas
Power Coal Co. v. 46, 68
Browne 29, 31, 83
Bnnch v/ 186
-^— — £x parte, In re
Bnahell 100
Buttt> 122
Central Wales & Car-
marthen Jn. Ry.
Co. i> 68, 73, 74
Chapman v 112
Crouch V 98,113
East & West Jn.
Ry. Co.r 76
Edwards v 189
Fowleer 107
Gordon v 143
Hanunans, Foster ft
Co. V 18, 21, 23
Harris r 113
Hoarer 143
Lewis v.. . . 138, 139, 143
— ^— ^ LiverpoolCom Trad«
era' Association r. . 38
McQneen r 128, 129
Mid. Ry. Co. v. ... . 74
Nicholson V. . . 46, 47, 66
O'Hanlancr 115
Parkinson v. ...... 63
. Patscheider v , 112
Robinson v r 142
- Severn & Wye Ry.
Co. i> 68, 73, 76
Simons 141
Stallardv 113,114
Swindon & Marl-
borough Ry. Co. r. 72
PAGE
Great Western Ry. Co., Tur-
ner «. ... . 129
Watson t; 12, 18, 19
Webbt> 143
Westadd tr 99, 100
Wimams> 106
Wiltshire Iron Co. v, 99
Woodgerv 117
Greenock & Wemyss Bay Ry.
Co., Cal. Ry. Co. i> 77, 78
Greenwood, Lane. & York. Ry .
Co. V 36
Grenaugh, Yorke v 98
Groyes, Dobson v 166
Guild, Cal. Ry. Co. r 97
Gwendraeih YaUey Ry. Co.,
Young V. • 30
Hadfield, Rushf orth r 98
Haigh, Haighv 160, 178
Hallet, Hallet r 167
Hardiug, Darlington Waggon
Co. V 169, 177
Hart, Stephenson v • 109
Hartley, Anning V. ,. 166
Pontifexr 142
Smith r. , 168
Henderson, Thol v 116, 117
Hickman, Hopcraft v 173
Hill, Rex r 167
Hirsch, Wallis r 168
Hobbes, Lowett v 106
Holmes, Randegger 9. 168
Home, Smith t?. 118
Howkins, Jephson v 170
Hughes, Caerleon Tin Plate
Co. V 168
Hunter, Baker v 170
Jaoson, Tullis r 172
James, James r 162,164
Johnson, Liver Alkali Co. r. . . 106
Lyon r 167
Jones, Ford r 153
Kennedy, Lyell i; 162
Knight, Barton r 172
DEFENDANTS.
TAffB
Laf one, Seton 9 • Ill
Lsnoaahire & Preeton Bj. Co.,
Moschampr 107
Lancaflhire & YorkBhiieRj.Go.,
Bolton r 108
Carrr .132,144
Johnson r 114
Lees V , 39
'■ — HcMannB* 136
McNallyv 141
MitcheUp 111,112
— — — Schotsmana r 109
Whaiter 126
Wilflonr , 116
Latham, Johnaon r 171
Laveriok, Searle p 113
Lee, Lord v 167
Legga, Jenkins v 1C5
Leicester (Corporation), Eyre
and, In re 155, 157
Leqnesne, Chioot r 172
LiddeU, Hinde v. • 115
Lintott, Baylis v 117
Lirerpool (Major of), Gongh
ana, J» r^ 170
Lockhart, Cal. Bj. Co. r 173
London & North Western Bj.
Co., Anderson r. . . 122
Blankensee r 128
Buddr 58
Carrr Ill
Central Wales & Car-
marthen Jn. Bj.
Co. V. . . 68, 73, 76, 82
City of Dnblin Steam
Packet Co. 9 23, 62
Cobledick r 27
D'Arci; 142
Diatington Lx)n Co.
9 30
Eyershed v. . 33, 34, 48, 69
Hales V Ill, 116, 117
Harhome By. Co. v. 96
Harer 16, 101
Henderson v , 122
Henghf...l09, 111, 112,
114
TAOE
London & North Western By.
Co., Hiort V 1 14
Holyhead Local Bd.
9 20,23
Hooper 9 1C8
LlTerpool Com Trad-
ers* Association v. 10,
38, 57, 58
MoCance r. 138
Pelsall Coal Co. v. . 86, 88,
89, 90, 94, 96
— — Perkins r. , , 86
Pickering, Phipps r. . .42,
48, 59
Prlcer 83
Boyal National Life-
boat Institution r. . 110
Simpsons. ,,,.,.,, 116
— ^— Stewart r 136
Thanis Sulphur &
Copper Co. v. 22, 24, 191
Thompson v 59
Tomlinson 9. ..88, 90, 91,
94,96
Yaughtonr 128, 129
Westr 20,42,60
Woodward r. . . 122, 125
London & St. Katherine Docks
Co., Nitropho9phate Co. r... 104
London & South Western By.
Co., Baxendale r. 35, 50
Ford r. . . 23, 43, 49, 50,
52, 54, 55, 60, 99
Qoddard r...50, 54, 55, 61
BEarris r 20
Heamv 124
— Hfracombe Convey-
ance Co. V 22, 57
Le Conteur v 123
Machut; 129
Marriott v. ,,, 57
Myers v, 82, 196
Northt' 97
' Pianciani 9 124
Putney Overseers r. . 18
— ^— Bobinson r 138
Salisbury & Dorset
By. Co. f 76
— — Southsen & Itde of
Wight Steam Ferry Co. 9. 66,78
xxxu
TABLE OF CASES.
PAGE
London & Sonth Western B7.
Co., Stephens f. 127,129
WaUisr 97
London, Brighton & South
Coast Ry. Co., Ash-
endont'... 135, 139, HO
Caterham Ry. Co. v. 19
Hall V, ..79, 92, 184, 185
Harrison r..l04, 135, 136,
140
MetcaKer 128,129
Painterr 22,57
' Palmer v 48
London, Chatham & DoTor By.
Co., Bailey v 91
Baldwin r 110
i Baxendalev 115
• Berry v. • • 92
Lord, Lord V. .••••••• •••••t 153
Slagill, Hamilton v 116
Manchester (Mayor of) Knt-
tallr 158,172
Manchester, Sheffield & Lin«
oohishire Ry. Co.,
Bennet v. , 42
BoUandsv Ill
^ Denaby Main Colliery
Co.t> 33—35,41,58
Dunkirk Coll. Co. v. 160
Fleming r 117
Gillv 143
North Central Wag-
gon Co. 1; 97,100
M'lvor, M'Kean r 109
Marcus, In re McLean and . . 171
Marshall, Armstrong r. 164
. Stevens & Co. v 108
Maryport Ry. Co., Solway Jn.
By.Co.v 76
Mason, Dayeyv 122,123
Merthyr Local Board, Pick-
thalli? 168
Metropolitan Ry. Co., Clout v. 173
Met. District Ry.
Co. 9m •••••••• 74
Palmer p • 167
Metropolitan District Ry. Co.,
Foulkesi? 108
PAGE
Middleton, Plews r 165
Midland Ry. Co., Beeston
Brewery 9. ••.... 25, 59
BeUv 27, 48, 59
Birchgrove Steel Co. r. 91
Brunt V 122, 125
Candy V 116
Doolan v 134, 141
Girardot, Flinn &
Co. 9 25,47,59
Homei; 116,117
Howard v 91
• Jamesons 116
Johnson v. . .16, 101, 105
Zentr 107, 134
Lord* Ill, 139
Myttonv 122
Pontifexv 109
^-^^— Richardson v, .46, 47, 59,
61
Roberts^ HI
— ^— Thorpe t^. •••••..•• • 69
Midland Great Western Ry.
Co., Dublin &Meaih
Ry. Co. V , , , 21
Dublin Whisky Dis-
tillery Co. V 22, 26
— ' Fishboume v 50
Lrvinev. ,.,, 117
Robertson r. . . 50, 61, 91
Wallers 117
Milbum, Rodocanachi 9 115
Monmouthshire Ry. & Canal
Co., Peglerv 82
Morgan, Minet v 162
Scarier 98
Morland, Whatley v 161
Monrille, GKN.Ry.Co.r..., 126
Nagle, Sheridan 1^ 170
Neath & Brecon Ry. Co., Vic-
toria Coal Co. v 18,21
Nelson, Mayhew v 121
In re Smith & Service
and 152, 155
Newman, Potter v 166
Newport, Field v 97
DEFSMDANTS.
zzxm
PAOB
Newton, Spencer v. ......... • 164
Kofman, Fergaasan r. ...... 170
Korihampton ft Banbnzy Bj.
Co., LLoyd 9 76
KorUi British By. Co., Bells-
dyke Goal Go. 9. . . 46
GaLBy. Go. r 73
Einlay v 136
Manfarlane v 81,61
North MonUand By.
VO. V» ..a... .*•• /4
Stewartr 110
North Gentral Waggon Go.,
H. 8. & L. By. Go. 9. ..97, 100
North, Ghappdl 9 169
North De7on By. Go., Baxen-
dale* 43,49,60
North JIastem By. Go.,
Donald v 62, 82
— — Johnson 9, •..,.,.. 103
Jones »..,.. 86, 91
' Looke 9 60
Morritt* 124
■ Ozlade »...66, 66, 86, 90
Biehardson r. . . 103, 106
Booths 109,140
■ Bumsey 9, , 139
Skinningroye Iron
vX). V. ..*... .... ••.... 00~— Oo
North London By. Go., Gnt*
lerr 141
North Staffordshire By. Go.,
Bidder 9 170
-^— — - Ghatterley Iron Co, r . 87
" Long^ton, AdderW
Green & BnoknaU
By. Co. r 76
Peek 9 104, 136, 137,
139, 142
Thomas 9 20, 22, 23
Nugent, (}r6bert Borgxds v. ,, 116
Paddington Vestry, GoUins r. 170
Parker, Hemming 9 • 166
Pearson, Lnxy v 158
Pesood, Pesood 17 163
PhoBniz Fire Insaranoe Go.,
Trainorv., 159
PAOB
Piokf ord, Wylde 9 118,121
Pink,Boy8« 121
Pittitfd, Forward r 102
Powell, Warner* 167
Prioe, ArbooUe 9 162
L. & N. W. By. Go. 9. 191
Prince, Walford r 167
Qoeen Insozttace Go., Ken-
worthy 9. •
159
Bailway GommissionerB, G. W.
By. Go. tf 29
8. E. By. Go. r.. .16, 19,
20, 22, 23
Bedfem, Bedfem V 161
Bedmayne, O. W. By. Go. r. 117
Bhyinney Iron Co., Bhymney
By. Go. 9 36, 44, 46, 47, 48
Bimmell, G. N. By. Go. r. . . 102,
128, 129
G. W. By. Go. r. . . 102.
127, 129
Bobert's Arbitration, In re
Whitelyand 173
Bobertson, Eastern Counties
By. Go.r 164
Bonaldson, In re Shaw and, 152, 1 63
Bose, Kemp* 172
Bussell, Bussell r 159
Bymill, Watkins 9 126
St. Katharine's Docks, Gbeen v. 97
Sandyoroft, Gayley 9 162
Sartcffis, Tnmook 9 157
Scott, Leaskv 108
Scott's Arbitration, In re
OtiTer and 172
Scottish Gentral By. Co., Wan-
nan 9 53, 61
Severn andWyeBy.Go., G.W.
By. Go. 9, • . . . • 67, 68, 72
Shaw, East k West India
Docks 9 20, 42
Tryerr 160
Shepperd, Swainv 107
Sherratt, Edwards r 105
Shipton, Wykes 9, .......... 168
C
TABLE OF CASES.
PAOB
Simpflon, Hoseley r 172, 173
Bmitb, Nugent v 102, 103, 104
Smithen, Angos r 160
Snell, Wright r 100
Solomonson, Datton v 106, 107
South Boron B7. Co., Bealr. 136,
139, 144
Buokfastleigh Ry.
Co. V, •••••••«•• 76
' Topbay and Brix«
ham By. Go. r. . . 76
South Eastern By. Co., Bar-
bour 9 104
' Cohen v 135
Collardr. , 116
Flowers r. , , , 122
— — Oreenop r. ...... 39, 47
Hawesv 116
— Le Peintur r 116
L.G.&D.By.Co.tf. 159
Maidstone Town
Council V 18, 19
Parker r, , 126, 127
Stoessigerv 120
■ Turner v. See Zunz
V, S. E. By. Co.
Van Toll V 184
Zunzv 134
Somes, British Empire Ship-
ping Co. 9 98
South Wales By. Co., Pard-
ingfton V. 132
Staines, L. k S. W. By. Co. v. 19,
20, 24
Starr, Davies r. 158
Steggall, Perryman r. 164
Stepney's Contract, In re Wil-
liams and 175,176
Stevenson, Henderson i^. , . , . 127
Stewart & Co., Nobel r 158
Stocker, Earl « 172
Sun Fire Office, Blanchaid r. 172
Sutton, Bradbury 9 123
Great Western By.
Swaffield, G. N. By. Co. r., 98, 112
Swaine, Ponsford v 174, 175
Swansea, G. W. By. Co. r. . . 110
PAOB
Swansea & Mumbles By. Co.,
Swansea Tramway Co. v. . . 19
Tabernacle Building Society
JiirfEnightand..l61, 152, 170
Tafl Yale By. Co., James «... 19
Taylor, Webbr 164
Thompson, Bandell v 158
Thornton, Boutledge v. 169
Trent k Ueney Co., Hyde v. 1C2
Trower, Motson v 168
TufEndl, Shubrook 9 170
lyier, Eastham 1; 159
Upshaw, Skinner v , 98
Van Sandau, Scott 9 160
Verity, Wilkinson tf 114
Viall, Chinery f> 114
Vreones, Begfina v 163
VuUiamy, Lock v 168
Wakeley, Willis r 178
Wallace, Anderson v 178
Wallis, Mason v 167
Wanen, Niokalls v 165, 171
Wase, Emery r 173
Wateiford & Limerick By. Co.,
. Clonmel Traders 9. . • 85
Lloyd 9 141
Watson, Willesford v 157, 158
West Midland By. Co., Gre-
gory 9 137
Willan, Kerr r 118
Williams, Penrice v 162
Wilson, Moore v 106
Wood, Trent & Mersey Co. v. .102
Wallaoer 98
Wrexham, Mold & Connah's
Quay By. Co., Walkinson v. 22,
24, 85, 87, 191
Wright, Hennesy r. , 162
Yarmouth & Norwich By. Co.,
Cory V 86
York & Derby Coal Co., Hull
k Bamsley By. Co. 9 85, 46
York k North Mid. By. Co.,
WaUerr 126, 132
)
TABLE OF STATUTES.
PAOB
1 Will. IV. 0.68 (The Gazxien Aot), fl. 1 ,. 119
S.2 120
M.3,4 125
S.6 , 127
8.6 126
».7 127
88.8,9, 10 128
8 &4 Vict. o. 97 (Regulation of Bailways Act, 1840) 26
6 & 6 "^ot. o. 66 (Railwaj Begrnlation Aot, 1846) 26
7 & 8 Vict. 0. 86 (Caieap Trains Act, 1844) 16
8 Vict. o. 20 (BaHways Clanaea Act, 1846), 8. 76 26
8. 86 80
8.90 32
88. 93-97 79,84
8.97 97
8. 106 17
17 ft 18 Vict. 0. 81 (Railway & Canal Traffic Act, 1864) ... .7, 8, 16, 21
8. 7 132—144
26 ft 27 Vict. c. 92 (RaOways Glauees Act, 1863) 186
28 ft 29 Vict. 0. 24 (Oaniers Amendment Act, 1866) 121
31 ft 32 Vict. o. 119 (Regolation of Raiiwaja Act, 1868) 8
36 ft 37 "^ct. o. 48 (Regulation of Railways Act, 1873) . .7, 8, 16, 39, 63,
77, 160
8. 14 84, 86,87,90
37 ft 38 Vict. c. 40 (Board of Trade Arbitrations Act, 1874) . . 7, 147—162
38Vict. c. 17 (Exploeiyes Act, 1876) 146
41 ft 42 Vict. 0. 74 (Contagions Diseases (Animals) Act, 1878) 106
c. 76 (The Telegraph Act, 1878) 7
42 ft 43 Vict. c. 11 (Bankers' Books Evidence Act) 162
46 ft 47 Vict. c. 34 (The Cheap Trains Act, 1883) 7
c. 39 (Statnte Law Reyision Act, 1883) 149
61 ft 62 AHot. o. 26 (RaOway and Canal TrafBo Act, 1888)—
8.2 8
8. 6 6, 7
8. 7 9
8. 8 7, 8, 69
XZX71 TABLE OF STATUTES.
51 & 62 Viot. c. 26 (Railway and Canal Traffio Aot, lSSB)^contd. paob
B. 9 22, 26, 36
B. 10 , 81, 79
fl. 11 19,74
B. 12 36
8. IS , 36
8. 14 19
B. 17 ,..,., 8,31
8.24 1, 12, 169
B. 25 14,64,70,76
8. 26 w 66,71
8.27 36,58
B. 28 ^ 89
8.29 ^ 40
8.81 , 13,69
8. 88 • 12,84
8. 84 , , 84
8.37 74
52 & 58 Tict. 0. 49 (ArMtration Act, 1889)—
8.1 152
8.2 153, 161, 168, 166, 167, 175
8.8 152
8.4 156,157
8.6 164
8.6 156
8.7 163,168,169
8.8 161
8.9 167
8. 10 171
8. 11 172
B. 12 174
88. 13—17 177, 178
8. 18 168
8. 19 169
8.20 , 175
8.21 176
8. 22 163
8. 23 176
B. 24 151
88.25—80 176
54&55yiot. 0. 39 (Stamp Aot, 1891) 168
RAILWAY RATES
AMD TBS
CARRIAGE OF MERCHANDISE BY RAILWAY.
INTRODUCTION.
THE RAILWAY RATES PROVISIONAL ORDERS.
The provisions as to railway rates whioh are the subjeot
of Part II. of this book originated in sect. 24 of the Hail-
way and Canal Traffic Act, 1888 (a), under which every
railway company was ordered to submit to the Board of
Trade a revised classification of merchandise traffic, and a
revised schedule of maximum rates and charges applicable
J thereto, and to fully state in such classification and schedule
the nature and amounts of all terminal charges proposed
to be authorized in respect of each class of traffic, and the
circumstances under which such terminal charges were
proposed to be made.
The Board of Trade were then to consider the classifi-
cation and schedule supplied by each company, and any
objections made thereto, and, on the 15th October, 1&89,
Lord Balfour of Burleigh and Mr. Courtenay Boyle, on
behalf of the Buard of Trade, commenced a long inquiry
into the classifications and schedules submitted to them,
and the objections to the same, hearing the railway com-
panies on the one hand in support of their classifications
and schedules, and the traders on the other in support of
(o) 61 & 62*Vicfc.:tf, S?5.
D. ' ' B
INTRODUCTION.
their objections. The inquiry lasted far into the summer
of 1890, and in the result the Board of Trade were unable
to agree with the railway companies upon their respective
classifications and schedules.
Under the provisions of the same section of the Act of
1888 (J), the Board of Trade therefore made out the
classification and schedules which they thought ought to
be adopted by nine of the principal English companies (c),
and embodied the same in the provisional orders which
were submitted to Parliament in the session of 1891.
The bills confirming these provisional orders, with the
various petitions against them, were referred to a joint
committee, who reported on them towards the close of
July, 1891, and they have now been passed by Parliament
and were to come into force on the 1st of August, 1892,
but by order of the Board of Trade that date has been
altered to the 1st of January, 1893.
In the Session of 1892, the provisional orders relating
to the remaining English companies and to the Irish and
Scotch companies were confirmed by Parliament. They
come into force on the 1st of January, 1893, or such later
date as the Board of Trade may direct.
There are in all thirty-five provisional orders, of which
twenty-seven are applicable to the English, one to the
Irish, and seven to the Scotch Bailway Companies. The
provisional order is in each case formed, and has appended
to it a schedule containing (a) the general conditions;
(b) the special conditions (if any) ; (c) the maximum rates
and charges ; and (d) the classification of traffic applicable
to the railways to which the order applies. The confirm-
ing Act, the provisional order, and the classification of
traffic are in all cases similar, but for the change in the
name of the company.
(6) 51 & 62 Vict. c. 25, s. 24, sub-s. 6.
(c) These companies are the Great Eastern; Great Northern;
Great Western ; London and North "Western ; London and South
Westeni ; Lobri^, Brighton; and South Coast ; London, Chatham
and Dover; Midland;^ and ^diivh-Eastem.
THE RAILWAY RATES PROVISIONAL ORDERS. 8
The general conditions applicable to aH the English General oon-
companies (except the North Eastern) and to the Irish
companies are similar, and under the circumstances it has
not been considered necessary to print them separately for
each company, but the case of the London and North
Western has been taken as typical of the English and Irish
companies. The general conditions of the Scotch com-
panies and the North Eastern being slightly different from
those of the English and Irish companies, they will be
found separately, the Caledonian company being taken as
representatiye. In the very few cases in which a clause in
the general conditions of any company differs from the
type attention is called to it in a note(c^). The special
conditions and the maximum rates and charges vary for
nearly every company.
In many cases a provisional order is appUoable not only
to the company from which it takes its name, but also to
other companies or railways as well. This has been effected
(1) by including such other company in the heading of the
order ; or (2) by placing the company or railway in an Ap-
pendix to the Schedule, and adding a clause to the general
conditions applying the order to the companies and railways
contained in the Appendix. This distinction has been pre-
served, but the effect is probably the same in either case.
An alphabetical list of railways, showing the provisional
order by which each is governed, will be found at p. 529.
The Act in each case consists of two clauses only, one The Act
giving the short titie, and the other confirming the order
in the schedule.
The order in each case consists of four clauses, and pro- The Order,
vides for (1) the short titie to the order ; (2) the com-
mencement of the order; (3) the interpretation; (4) the
application of the schedule of maximum rates and charges,
and the classification of traffic.
Then follows the schedule of maximum rates and charges. The Schedule.
(d) E, g.y p. 206 in the note to clause 27.
b2
IKTKODUCTION.
General con
ditions.
This is divided into six parts, as follows : —
Part I. Merohandise.
n. Animals.
III. Carriages.
lY. Exceptional charges.
V. Perishables.
VI. Small parcels.
The schedule of any of the English companies (/) com-
mences with twenty-eight clauses, which are similar for
e8U3h company. The first nine clauses refer to the nature
of the various charges authorised ; then follow ten clauses
giving the method to be adopted in calculating and
fixing the rates and charges, while clauses 20 to 26 inclu-
sive contain miscellaneous provisions, clause 26 being an
interpretation clause. Then clause 27 makes the foregoing
twenty-six clauses applicable to merchandise conveyed by
passenger train. And finally, if the schedule contains an
appendix, clause 28 applies the schedule to the railways
set out therein. If there is no appendix, this clause is absent.
The special provisions and exceptions relating to parti-
cular portions of the lines of railway, are, of course,
different in the case of each railway, and come immediately
before the maximum rates for conveyance (which vary for
different companies), and maximum terminals, which are the
same in the case of each company for the same class of goods.
Parts II., III., IV., v., and VI., are practically the
same for all the English companies.
CUsfiiiication. The classification of traffic {g) comes last in the schedule,
and is the same for all the companies. Perhaps this is
one of the most important achievements of the Board of
Trade and Parliament, so far as these orders are concerned.
By this classification merchandise traffic is split up into
eight classes, wherein it follows the Clearing House classi-
fication, which has been in force between the railway
(/) Except the North Eastern.
(g) The classification as it appears in the schedules will be found
on p. 3bo, and a list of the articles specified in the classification in
alphabetioal cider will be found on p. 404.
THE RAILWAY RATES PROTISIONAL ORDERS.
oompanies themselyes for many years past. The three
lowest classes are denoted by the letters A, B, and C, and
contain chiefly minends and goods of a rough nature,
which are frequently termed ** yard " traffic, from the fact
that they can as a rule be dealt with out of doors without the
necessity of loading and unloading in sheds or warehouses.
These three classes correspond to the Cleariog House
classes Ma, Mb, and Special class. The higher classes
of traffic (known as '* class" traffic to distinguish them
from " yard " traffic) are divided into five classes, numbered
from 1 to 5, and correspond approximately with the classes
so named in the Clearing House classification.
In the schedule of the North Easfem the general oondi- North
tions are similar to those of the Scotch companies (A) ; but ^••*®"-
Part II. (animals) is similar to that of the English schedules.
The Confirming Act and formal order of the Irish com- irUh com-
panies are the same as those of the English companies. P^*^**
The general conditions are also the same, except that the
Irish schedule has a special tariff for brewers' returned
empties (f ). Port I. is, of course, different, and so is
Part II. (animals). Parts III. to VI. inclusive and the
classification are the same as those of the English oompanies.
The Coufirming Act and formal order of the Scotch Sooiohoom*
companies are similar to those of the English and Irish
companies; the general conditions (/)» however, are slightly
different, the provision of trucks for class A traffic being
included in the rate. This leads to a modification of
clause 2, and to the omission of clause 9; and conse-
quently the remaining clauses do not correspond numeri-
cally with those of the English and Irish companies.
Part I. varies with the different companies. Part II.
(animals) is the same for all the Scotch oompanies, but
differs from that of the English and Irish schedules.
Part III. carriages. Part IV. exceptional. Part V.
perishables, and Part VI. small parcels, and the classifica-
tion are similar to those of the English and Irish schedules.
{h) See p. 331. (t) See p. 336.
( 6 )
PABT THE FIKST.
GOKTADONO
THE LAW BELATING TO THE CABBIAGE OF
MEBCHANDISE BY BATLWAY.
CHAPTER I.
THE RAILWAY AND CANAL COMMISSION.
The Court having special jurisdiotion in railway matters
is the Railway and Canal Commission. It has powers to
some extent executive as well as judicial, and it is proposed
to state shortly the nature and extent of its jurisdiction
and the manner in which it has been administered. The
Railway and Canal Commission, as constituted by the
Railway and Canal Traffic Act, 1888 (a), consists of two
appointed Commissioners (J), appointed on the recommen-
dation of the Board of Trade ; and three ex officio Com-
missioners, judges of the superior Courts (c), one being
nominated for England, one for Scotland, and the third
for Ireland. Not less than three Commissioners are to
attend at the hearing of any case, and the ex offi<^io Com-
missioner is to preside, and his opinion on a point of law
is to prevail (^). And there is provision made for the
(a) 61 & 52 Yict. c. 26.
{h) The appointed Commissioners are Sir Frederick Peel and
Viscount Cobham (September, 1891).
(c) The ex officio Commissioners are Mr. Justice Wills (England),
Lord Trayner (Scotland), and Mr. Justice Murphy (Ireland).
(d) 51 & 52 Vict. c. 26, a. 6, sub-s. 3.
THE RAILWAY AND CANAL COMMISSION.
nomination of a temporary Commissioner in the place of
any appointed or ex officio Commissioner^ who may be
nnable to attend at the hearing of any ease {e).
Jurisdiction,
The jurisdiction conferred on the Court of Common
Pleas by the Traffic Act of 1854 (/), and that conferred
on the old Railway Commissioners by the Regulation of
Railways Act, 1873 (^), the Board of Trade Arbitrations
Act, 1874 (70, the Telegraph Act, 1878 (i), and the Cheap
Trains Act, 188-i (i), is now vested in the Railway and
Canal Commission i /) ; and, in addition, several fresh
powers are conferred upon them by the Act of 1888 itself.
This jurisdiction, besides including some matters which
are not pertinent to the subject of this book, embraces
the following heads, which require to be separately dealt
with: —
Undue Preference.
Facilities for Traffic.
Traffic on Steamboats.
Through Rates.
Hate Books.
Terminals.
The legality of Rates.
Obligations contained in Special Acts.
Provisions relating to Private Branch Railways or
Sidings.
References under the Board of Trade Arbitrations
Act, 1874. (See p. 147.)
(e) Ihid, 8. 6, 8ub-B8. 6, 7.
(/) 17 & 18 Vict. 0. 31, 68. 2, 3.
\g) 36 & 37 Vict. c. 48.
\h) 37 ft 38 Yict. 0. 40.
(*) 41 ft 42 Vict. 0. 76.
•{k) 46 ft 47 Vict. c. 34, s. 3.
(0 ol ft 62 Vict. c. 25, 8. 8.
8 CARRIAGE OF MERCHANDISE BY RAILWAY.
Finally, the Court is a court of record (m), and of
co-ordinate jurisdiction with the Queen's Bench Division,
and bound bj their decisions (n), and an appeal will lie on
any question, not being a mere question of fact or of loctia
standi f straight to the Court of Appeal (o).
TTho may make Complaints to the Railway and Canal
Commission,
Under the Traffic Act of 1854 (i?), " any company or
person '' was empowered to make complaint to the Court
of Common Pleas of a contravention of that Act, and upon
the certificate of the Board of Trade the Attorney-General
or Lord Advocate were given the like power.
And under the Act of 1873 (^), any person (which by
the definition clause (r) includes a body of persons corpo-
rate or unincorporate) complaining of anything done or of
any omission made in violation or contravention of sect. 2
of the Traffic Act of 1854, or of sect. 16 of the Regulation
of Railways Act, 1868 («), or of the Act of 1873, or of any
enactment amending or applying the same respectively,
might apply to the Commissioners, and upon the certificate
of the Board of Trade alleging any such violation or con-
travention, any person appointed by the Board of Trade
in that behalf (^) might in like maimer apply to the
Commissioners.
The Act of 1888 {u) transferred to and vested in the
(m) 51 & 52 Vict. o. 25, s. 2.
(n) Sawerby v. O, N. By. Co., 1 TimeB L. E. 260.
(o) 51 & 52 Vict. c. 25, s. 17.
Ip) 17 & 18 Vict. c. 31, s. 3.
Iq) 36 & 37 Vict. c. 48, s. 6.
(r) Ibid. 8. 3.
(a) This section provided for equality of treatment where com-
panies were parties to the carriage of goods by sea.
(t) It is believed that this power of the Board of Trade has not
yet been exercised.
(tt) 51 & 52 Vict. c. 25, s. 8.
THS RAILWAY AND CANAL COMMISSION. 9
Bailwaj and Caiial Comnufision all the jurisdiotioii and
powers which at the oommenoement of this Act were
vested in or capable of being exercised by the Eailwaj
CommissionerB, whether under the Act of 1873 or any
other Act. And this Act also enables certain local autho-
rities and bodies of traders to make complaint to the Bail-
way and Canal Commission.
The statute enacts (tc) :
Sub-s. (1). ^'Any of the following authorities^ that is ProTirionfor
to aav oompUints
^^J by public
(a) any of the following local authorities, namely, any authoriiy in
harbour board, or conservancy authority, the Com-
mon Council of the City of London, any council of
a city or borough, any representative county body
which may be created by an Act passed in the
present or any future session of Parliament, any
justices in quarter sessions assembled, the Com-
missioners of Supply of any county in Scotland,
the Metropolitan Board of Works, or any urban
sanitary authority not being a council as aforesaid,
or any rural sanitary authority ; or
(b) any such association of traders or freighters, or
chamber of commerce or agriculture as may obtain
a certificate from the Board of Trade that it is, in
the opinion of the Board of Trade, a proper body
to make such complaint,
may make to the Commissioners any complaint which the
Commissioners have jurisdiction to determine, and may do
so without proof that such authority is aggrieved by the
matter complained of, and any of such authorities may
appear in opposition to any complaint which the Com-
missioners have jurisdiction to determine in any case
where such authority, or the persons represented by them,
appear to the Commissioners to be likely to be affected by
(lo) Ibid, s. 7.
aeotion.
10 CABBIAGE OF MERCHANDISE BY BAILWAT.
any determination of the Commissioners upon such com-
plaint."
Sub-s, (2). " The Board of Trade may, if they think fit,
require, as a condition of giving a certificate under this
section, that security be given in such manner and to such
amount as they think necessary, for any costs which the
complainants may be ordered to pay or bear."
Sub-s. (3). "Any certificate granted under this section
shall, unless withdrawn, be in force for twelve months
from the date on which it was given."
Extent of Although these local authorities and bodies of traders
have power to make complaints to the commission " with-
out proof that the authority is aggrieved by the matter
complained of," yet, on a similar clause under the Act of
1873, the old Railway Commissioners refused to grant relief
where neither the complainants, nor the inhabitants of their
district, nor the persons on whose behalf the complaint was
preferred were in any way connected or identified with the
matter complained of {x) ; and in a recent case, the Court
laid it down that the provision in question does not require
the Court necessarily to redress fanciful, or merely theo-
retical inequalities of charge or preferences of any other
description; and that, "if it was established that the
matters complained of were such as could not affect the
interest of the applicants or the trade which they repre-
sented, it would be quite virithin the competence of the
Court to refuse to give judgment upon an academic
discussion presumably under such circumstances with very
imperfect information " (y). But under the provisions of
sect. 7, the objection that what is complained of does not
hurt the applicants must be dealt with somewhat strictly,
and it is sufficient to warrant the application and to call
(x) Londonderry Harbour Commisnoners v. G» N, By. Go,, 5 B.
& Mao. 282.
(y) Liverpool Com Trade AsaociationY. L, & N, W, By. Co., (1891)
1 Q. B. 120, 126.
THB RAILWAY AND CANAL OOMMISSION. 11
on the Court for its inteif erenoe if the praotioes oomplained
of, whether their present effect be serious or triyial, are in
themselves legally objectionable, and if they may lead to
oonsequenoes injurious to the interests of those represented
bj the applicants (2).
In spite of the wide terms of this section, it seems Through
doubtful whether a local authority or body of traders ** "
could propose a through rate; their powers with regard
to through rates are probably limited to making a com-
plaint of imreasonable charges to the Board of Trade
under sect. (31 of the Act of 1888, and it will probably be
held, as the Conunissioners held under the Act of 1873,
that such authority has no power, as such, to propose a
through rate (a).
In addition to the local authorities mentioned in this
section, port and harbour authorities are specially em-
powered, by sect. 30 of the Act of 1888, to make complaint
to the Railway and Canal Commission of any undue pre-
judice or disadvantage to which their dock may be subjected
by a railway company (6).
(z) Ibid.
(a) Ayr Harbour Trueteea v. Glasgow dk 8. W, Ry, Co., 4 B. &
Mac. 81 ; and eeepoBt, p. 69.
(b) See posty p. 68.
12 CARRIAGE OF MERCHANDISE BY RAILWAY.
CHAPTER n.
THE BOARD OF TRADE.
The Board of Trade have, as is well known, considerable
powers of an administrative character over and in relation
to railway companies. In addition to these, the Traffic
Act of 1888 (a) conferred upon them certain powers of a
quasi- judicial character.
(1.) We have seen (b) that under that Act the Board of
Trade were entrusted with the duty of making and sub-
mitting to Parliament a classification of traffic and schedule
of rates of each railway company.
(2.) The Board of Trade are given power to hear appli-
cations on the part of any person or railway company for
the addition to the classification of traffic of any articles,
and to determine the same as they may think right (c),
(3.) The Board of Trade are given power to prescribe
the form in which a railway company, desirous of making
any increase in their tolls, rates, or charges published in
their rate-books, are to give the fourteen days' notice to
the public required of their intention to do m (d).
(4.) The same Act has attempted to give to the Board
of Trade a conciliatory jurisdiction, under which any
trader can make complaint to the Board of Trade of any
(a) 51 & 52 Vict. c. 25.
(5) Ante, pp. 1 et seq.
(e) 51 & 52 Yict. c. 25, s. 24, sub-s. 11.
{d) Ibid, 8. 33, sub-8. 6. As to the form prescribed by the Board
of Trade, see p. 461.
tin*
THB BOARD OF TRADE. 13
trnfair treatment to which he is subjected by a railway
company.
Section 31 of the Traffic Act of 1888 pioyides as
follows : —
Sub-s. (1). '^Whenever any person receiving or sending Complaints
or desiring to send goods by any railway is of opinion T^2?of
that the rnilway company is charging him an unfair or an reasonable
unreasoDable rate of charge, or is in any other respect nUw^
treating him in an oppressive or unreasonable manner, companies,
such person may complain to the Board of Trade.''
8ub-s. (2). " The Board of Trade, if they think that there
is reasonable ground for the complaint, may thereupon
call upon the railway company for an explanation, and
endeavour to settle amicably the differences between the
complainant and the railway company."
8ub-s. ('^). " For the purpose aforesaid, the Board of
Trade may appoint either one of their own offi(;ers, or any
other competent person to communicate with the com-
plainant and the railway company, and to receive and
consider such explanations and communications as may be
made in reference to the complaint ; and the Board of
Trade may pay to such last- mentioned person such remu-
neration as they may think fit, and as may be approved
by the Treasury."
Sub-s. (4). " The Board of Trade shall from time to time
submit to Parliament reports of the complaints made to
them under the provisions of this section, and the results
of the proceedings taken in relation to such complaints,
together with such observations thereon as the Board of
Trade shall think fit."
Sub-s. (5). "A complaint under this section may be
made to the Board of Trade by any of the authorities
mentioned in section seven of this Act, in any case in
which, in the opinion of any of such authorities, they or
any traders or persons in their district are being charged
unfair or unreasonable rat^s by a railway company ; and
aU the provisions of this section shall apply to a complaint
14 CARRIAGE OF MERCHANDISE BY RAILWAY.
80 made as if the same had been made by a person entitled
to make a complaint under this section."
Where a person interested in through traffic by railway
or canal is desirous of obtaining a through rate under
sect 25 of the Act of 1888, the making of a complaint to
the Board of Trade under this section is, as we shall see {e)j
a necessary preliminary to an application to the Railway
Commissioners.
The Board of Trade regard this conciliatory jurisdiction
as ouly to be exercised in cases of small or of only par-
ticular importance. They say : —
"Although in the opinion of the law officers of the
crown, *the conciliatory jurisdiction of the Board of
Trade under this section is not excluded merely by reason
that a complaint involves questions of undue preference,
or by reason that questions of undue preference may arise
in relation to a settlement suggested by the Board of
Trade,' the Board of Trade consider that it would be futile
to attempt to arrange, without power of enforcing their
determination, questions of large importance which need
the action of a High Court, and desire to direct their
attention chiefly to such cases of limited or particular im-
portance as would justify the suggestion of a settlement
on their part" (/).
(c) Posty p. 64.
(/) Keport of the Board of Trade under sect. 31 of the Bailway
and Canal Traffic Act, 1888, 16th May, 1890.
( 15 )
CHAPTER m.
J3TJE A19D REASONABLE FACILITIES.
Section 2 of the Traffic Act, 1854 (17 & 18 Vict. o. 31),
provideB : —
" Every railway company, canal company, and railway Facilities,
and canal company shall, according to their respective
powers, afford all reasonable facilities for the receiving
and forwarding and delivering of traffic upon and from
the several railways and canals belonging to or worked by
such companies respectively, and for the return of car-
riages, trucks, boats, and other vehicles; and no such Undae
company shall make or give any undue or unreasonable ?"'*"'*<*•
preference or advantage to or in favour of any particular
person or company, or any particular description of traffic,
in any respect whatsoever, nor shall any company subject
any particular person or company, or any particular descrip-
tion of traffic, to any undue or unreasonable prejudice or
disadvantage in any respect whatsoever; and every railway Through
company, and canal company, and railway and canal com- *"^'
pany, having or working railways or canals which form
part of a continuous line of railway, or canal, or railway and
canal communication, or which have the terminus, station,
or wharf of the one near the terminus, station, or wharf of
the other, shall afford all due and reasonable facilities for
receiving and forwarding all the traffic arriving by one of
such railways or canals by the other, without any unrea-
sonable delay, and without any such preference or advan-
tage or prejudice or disadvantage as aforesaid, and so that
no obstruction may be offered to the public desirous of
using such railways or canals or railways and canals as a
continuous line of communication, and so that all reason-
able accommodation may, by means of the railways and
16 CARRIAGE OF MEBCUANDI8B BY RAILWAY.
canals of the several oompanies, be at all times afforded to
the public in that behalf."
In dealing with this section, in the Sastings Case (a),
Lord Selbome said : The obligations imposed upon railway
companies bj this statute ^^are substantially three in
number : Firsts a positive obligation to afford, according
to their respective powers, all reasonable facilities for the
receiving, forwarding, and delivering of traffic, upon and
from the several railways and canals belonging to or
worked by such companies respectively, and for the return
of carriages, trucks, boats, and other vehicles "....;
the second obligation is to give no undue preferences ; the
thirdj to do whatever may be necessary to enable the
company's own line, and any other line connected with or
having a terminus near it, to be used by the public as a
continuous line of communication.
The important question of through rates will be dealt
with separately, p. 63, and that of undue preference,
p. ii2.
Obli^nons Before the passing of this statute railway companies
of gooS"*^^ were bound to carry troops (A), and they are now bound to
carry mails {c) ; but otherwise the duty of railway com-
panies to carry any particular class of goods depended
upon whether they did or did not profess to carry
such goods as common carriers. The Railways Clauses
Consolidation Act, 1845, did not impose on them any
duty to carry goods of which they were not common
carriers by their own conduct and profession (d). The
Traffic Act of 1854, however, above mentioned, materially
altered the law in this respect ; and railway companies are
now bound to provide facilities for carrying animals or
(a) 8. E, Ry. Co, v. Railway Commimoner$, 3 N. & Mac. 464,
506 ; 6 Q. B. Div. 686.
(6) 7 & 8 Vict. c. 85, s. 12.
(c) 36 & 37 Vict. 0. 48, s. 18.
(d) Johnson v. Midland Ry. Co., 4 Ezch. 367 ; Hare v. L, <fc N,
W. Ry. Co., 2 J. & H. 80.
DUE AND REASONABLE FACILITIES.
pariiculax classes of goods, with the exception, possibly, of
speciallj dangerous goods («). And the duty thus im-
posed upon railway companies is inconsistent with their
right to refuse to carry any particular class of goods or
animals which they have facilities for carrying, and is
inconsistent with their right to refuse to carry such goods
or animals except upon terms which are unreasonable (/).
And this obligation is not merely confined to traffic on the
main line, for under the above section it is no longer
competent for a railway company which has undertaken a
particular description of traffic to deny the jurisdiction of
the Bailway and Canal Commission Court to take into
consideration the legality of its conduct in respect of that
kind of traffic upon some particular branch of its line [g).
And in giving judgment on the merits in the case last
referred to, Wills, J., said : " Up to that time (the Act
of 1854), as was pointed out by the Court of Appeal in
Dickson v. G. N. Ry, Co, (A), the obligations of railway
companies were simply those of common carriers. Inas-
much as no common carrier was bound to carry any
particular class of traffic, a common carrier, being a
railway company, was equally with other common carriers
entitled to say: 'I am not a common carrier of passengers,
I am not a common carrier of coal, I am not a common
carrier of this, or that, or the other, and therefore you
must not expect me to ceurry it.' Then came the Act of
1854, which, as the Court of Appeal in that case laid
down, made a radical alteration in the obligations of a
railway company ; and it compelled them, whether they
liked it or not and, it seems to me, whether it were
profitable or not, to give reasonable facilities according to
(e) Bailways ClauBes Act, 1845 (8 Yict. c. 20), s. 106.
(/) Dicksm V. G. N. By. Co., 18 Q. B. Div. 176, 184.
(g) Wimford Local Board v. Cheshire Linee Committee, 24 Q. B.
D. 456 ; 7 B. & Mac. 72.
{h) Wins/ord Local Board v. Cheshire Lines Committee, 7 B. &
Mac. 72, p. 82.
D. c
17
18 CARRIAGE OP MERCHANDISE BY RAILWAY.
their power for reoeiying, despatohing, and dealing with
traffic. . . . Now the Act of Parliament, as it seems to
me, says nothing about whether a particular species of
traffic is profitable or not, I quite agree that the extent to
which it is a profitable or a losing traffic cannot be
entirely excluded, because if there is no substantial traffic
to be accommodated no one can say that any special
facilities for supplying the necessities of a non-existent
traffic are called for. But it seems to me that the moment
you establish that there is a serious, substantial, and
considerable traffic to be dealt with upon that line, and
seeking to go along that line, you bring the case within the
Act of Parliament, and reasonable facilities must be
afforded. But, of course, on the question of what are
reasonable f aoiUties, these matterB might fairly be taken
into account."
ExonseB in- The obligation is to afford due and reasonable facilities,
and, if reasonable, t{ie obligation to afford them is not
limited by the convenience of the company (t), nor owing
to disputes between different railway companies inter se {k)^
nor, within limits as to what is reasonable, by considera-
tions as to whether the facilities, when afforded, will
remunerate the company (/). Nor will a company be
allowed to escape from these obligations because, by their
own carelessness, or by a misuse of the powers conferred
on them by their special Acts, they have rendered the
performance of those obligations more difficult (m).
(t) Victoria Coal and Iron Co, v. Neaih A Brecon Ry. Co,^ 3 N. &
Mac. 37.
(k) Maidstone Town Council v. 8. E. My. Co,, 7 B. & Mac. 99.
See Eeport in Times, 13th Jan. 1891 ; Watson v. Q. W. By. Co,y
9th Annual Beport of Bailway CommiBsioners, 12; Hammarhs,
Foster A Co. v. G. W. By. Co., 4 B. & Mac. 181.
(l) Wins/ord Local Board v. Cheahire Lines Committee, 7 B. &
Mac. 72, 63.
(m) BtOney Overseers v. L. & 8. W. By. Co., (1891) 1 Q. B. 440,
and see last case.
DUB AND REASONABLE FACILITIES. 19
Similarly, the obligation to afford facilities is not depen-
dent npon mutual arrangements between different com-
panies (n), and, where continuous communication exists
by railway belonging to two or more companies, it is
reasonable that such companies should afford one another
&cilitie8 for transferring traffic at the points of junction (o).
And special power is given to the Bailway and Canal
Commission to make orders for facilities, notwithstanding
any agreements between companies that have not been
oonfiimed by the Board of Trade or the Eailway and
Canal Commission (p).
In a proper case the Court will make an order on a Stmctorsl
railway company to afford due and reasonable facilities,
though such facilities may involve structural alteration ((^),
although it has no power to order a particular alteration (r) ;
and, if necessary, can make an order on two or more com-
panies, who may be ordered to make mutual arrangements
to carry into effect any orders of the Commission Court,
and to submit a scheme for carrying the same into effect {s) ;
and such an order has recently been made(^).
In considering what is a reasonable amount of accom- Limiution to
modation, however, regard must be had to the general "■™"'
(n) Watson v. O. W, By. Co,, 9 Beports of Bailway ComimBsioners,
12 ; James v. Taff Vale By. Co., 3 N. & Mac. 640.
(o) Ihid.
Ip) Actof 1888, 8. 11.
{q) South Eastern By, Co. v. Bailway Commissioners, 6 Q. B. Div.
3 606 ;^B. & Mac. 464; Z. <fc 8. W. By. Co. v. Staines By. Co.,
4 B. & Mac, 48 ; Caterham By. Co. v. L. B. & 8. C. By. Co., 1 B. &
Mac. 32; Swansea Tramways Co. v. Swansea & Mumbles By. Co.,
3 N. & Mac 339 ; Newry Nav. Co. v. G. N. By. Co., 7 B. & Mac.
176.
(r) South Eastern By. Co. v. Bailway Commissioners, 6 Q. B. Div.
506.
(0 Act of 1888 (61 & 62 Yiot. o. 26), a. 14.
{t) Maidstone Tovm Council v. 8. E. By. Co, and L. C. & 2>. By.
Co., 7 B. & Mac. 99.
c2
20 CARRIAGE OF MERCHANDISE BY RAILWAY.
trafBo of the company (w), for the Traffic Acts do not
require a railway company to find accommodation further
than it is the interest of railway traffic that it should
be found (w) ; and sect. 2 of the Traffic Act of 1864 is to
be limited to the conyeyance and transport of traffic, and
to acts done by the company in their capacity of railway
or canal carriers. Thus the facilities required by this sec-
tion must be in the receiving, forwarding, or delivering of
traffic, and not in connection with some distinct business,
such as that of doet-owners, carried on by them(a').
Necessary Thus the construction of all works necessary for the
^°' • accommodation of traffic, and the safety of passengers, is
a reasonable facility to be afforded by railway com-
panies (y) ; but they will not be ordered to Twnstruct works
or to take land — ^though offered them gratis (a) — or to do
other matters which will require them first to obtain
powers from Parliament for the purpose (a).
Inconvenience And, further, the public inconvenience, sought to be
proportion to remedied by the facilities asked for, must bear some pro-
expense, portion to the inconvenience or expense which would be
caused to the railway company in complying with an order
to grant the facilities. And so the Commission Court
refused to order a railway company to convert a station,
at a sea-port, which had always been used as a passenger
station, into a goods station to accommodate the traffic of
two boats' only, seeing that there was already a goods
station in the same town a short distance off, and there
(m) Barret v. O, N. By. Co., 1 N. & Mac. 38.
(t^;) Holyhead Local Board v. X. & N, W, By, Co,, 4 B. & Mac. 37.
(x) East & Weet India Dock Co. v. Shaw, 39 Ch. D. 524; and see
Weet V. L. & N. W. By. Co., L. E. 5 0. P. 622 ; 1 N. & Mac. 166;
Baxmdale v. L. & 8. W. By. Co., L. R. 1 Ex. 137.
(y) L. & 8. W. By. Co. v. 8tainee By. Co., 3 N. & Mac. 48.
(2) Harris v. L. & 8. W. By. Co., 3 N. & Mac. 331 ; Newry Kav.
Co. V. G. N. By. Co., 7 B. & Mao. 176.
(a) Ihid.; Thomas v. North Stafford. By. Co., 3 N. & Mac. 1;
8, E, By. Co. T. Bailway Commissioners, 6 Q. B. Div. 586.
^f% M^
DUB AND REASONABLE FACILITIES. 21
was no bindiDg agreement between the shipowners and the
railway company to ensure a continuance of the traffic, and
the railway company had no power to make a goods
station without acquiring fresh land (i) . And that although
continuous communication existed between the passenger
station and the goods station.
There is no obligation on railway companies to establish Booking office
booking offices on places off their line of railway for the ^ ^*^"
collection of traffic, because, although it is for the benefit
of places situate some miles from a railway that there
should be persons to collect and deliver goods regularly as
carriers, a railway company is not responsible for making
arrangements for carrying by road in addition to its proper
business of carrying by railway (r).
Through booking of traffic is a facility which railway Through
companies ought to give (rf) ; and where railways owned *"™°*
by different companies are coterminous and form a con-
tinuous line(^), the companies are bound to use their
utmost diligence in sending traffic by their respective
routes (/)lv A route will not, however, be considered a
continuous line of railway commtmication until the works
necessary for interchange of traffic at a junction on the
route have been sanctioned by the Board of Trade (^).
The obligation to afford all reasonable facilities for traffic '' Aooording
is imposed on all railway companies " according to their -powm.'*
respective powers "(A), and, as some railway companies
possess, under their special Acts, larger powers than others,
(fi) Nevjry Navigation Co, y. G» N. By. C7o., 7 B. & Mac. 176.
(c) Dublin & Meath By. Co. v. M. G. W. By. Co., 3 N. & Mac.
379 ; and of. Aherdeen Commercial Co. v. Ot. North of Scotland By.
Co.y 3 N. ft Mac. 205 ; 6 Court Sess. Oas. (4th Ser.) 67.
(rf) Innu V. L. B. A 8. C. By. Co., 2 N. & Mac. 165.
(e) As to through rates, see p. 63.
(/) Victoria Colliery Co. v. Mid. By. Co., 3 N. & Mac. 37.
(g) ffammane, Foster & Co. v. G. W, By, Co.^ 4 B. & Mac.
181.
(A) Act of 1854 (17 & 18 Yict. c. 31), sect. 2.
22
CABRIAOB OF MERCHANDISE BY RAILWAY.
ObligatioDB
under special
Acts.
FaoilitieB
must be of a
publio
oharaoter.
StatioxLB.
BO the f aoilities they are required to afford are extended or
limited (t).
The Eailway and Canal Commission have now been
given a very wide jurisdiction to enforce obligations im-
posed upon railway companies by special Acts {/). These
obligations are of a very varying character, and are too
numerous and of too special a character to be discussed
here, but the special Acts of any particular railway com-
pany must be referred to in order to ascertain the obliga-
tions of that company.
Prom the decisions of the Court of Common Pleas under
the Traffic Act of 1854, it would seem that, to obtain an
order for due and reasonable facilities against a company,
the facility required must be of a more or less publio
character, and that an order would not be made to remedy
a mere private grievance (k) ; and on similar grounds the
old Hallway Commissioners have refused to order a railway
company to construct a private siding for the convenience
of a particular trader (/).
A railway company is under no obligation (apart from
any specific provisions in its special Acts) to establish a
station at any particular place along its line (;;}), or, having
established it, to provide it with every possible facility ; it
is sufficient if the accommodation provided is sufficient
(t) Tharsis SulphtiT and Copper Co, v. L, & N, W, Ry, Co,, 3
N. & Mao. 455 ; Watkinaon v. Wrexhamy Moldy and Connah^e Quay
By, Co. (No. 2), 3 N. & Mac. 164 ; and (No. 3) Thid, 446. And see
Q, W, By, Co, V. Bristol Port Bailway and Pier Co,, 5 B. & Mac. 94 ;
Thomas v. N, Staffordshire By, Co,, 3 N. & Mac. 9.
U) Act of 1888 (51 & 52 Vict. c. 25), sect. 9.
{k) Barret y. Q, N, By, Co., 1 N. & Mac. 38; Beadelly. E, C.
By, Co,, Ibid. 56; Painter v. L, B, & 8, C, By, Co., Ibid, 58;
Il/rawmbe Public Conveyance Co. v. L. <fe 8, W, By, Co,, Ibid, 61.
{I) Dublin Whiskey Distillery Co, y, M, G, W. By, Co,, 4 B. & Mac.
32 ; but as to private sidings, see post, p. 25.
(m) 8, E, By, Co, y, Bailway Commissioners, 6 Q, B. Div. 692 ;
3 N. & Mac. 464.
DUB AMD BEASONABLS FACILITIES* 23
haying regard to the class of traffio at the station (n) ; but,
if a railway oompany with suj£cient powers keep its
platforms and booking offices in such a state as to cause
dangerous and obstructiye confusion, it is guilty of a con-
travention of this section of the Act of 1854 (o). On the
other hand, where a particular station of a company was
already fully occupied by mineral traffic, and the company
were not able to enlarge it without getting additional
powers from Parliament, on the application of a trader
asking that the company might be ordered to deliver
perishable merchandise to him at the station in question
instead of at a neigbouring station, the Commissioners
refused to order the company to do so (p). And a few
instances of traffic consigned to a place by a particular
route {q)y or by a particular carrier (r), and inadvertently
sent to the consignee in another manner, are no ground
for an injunction under the Traffic Acts, though they may
become so if sufficiently frequent to amount to an imdue
prejudice of the particular route or particular carrier («).
Whether the Eailway and Canal Commission have
power to order a railway company to turn a passenger
station into a goods station also is doubtful, but they will
not do so where, if they did so, the railway company would
be compelled to acquire new land in order to comply with
the order, as such a course would not be reasonable (t).
Where a siding has been conveniently planned to enable Sidings:
(«) Holyhead Local Board v. L» A N, W, By, Co., 4 B. & Mac. 37.
(o) 8, E, By, Co, y. BaUway Commissioners, ti&t supra,
{p) Thomas v. North Staffordshire By, Co,, 3 N. & Mac. 1.
Iq) FordY,L,&8,W.By.Co,,6Slj,T,1^.8.S41; 6B.&Mao. Ill;
Londonderry Harbour Commissioners v. G. N, By, Co., 6 B. & Mac.
282; City of Dublin SteamFacket Co. v. L, & N, W, By. Co,, 4 B. & Mac.
10 ; Ayr Harbour Trustees y. G. <fc 8, W. By. Co., 4 B. & Mac. 90.
(r) Hammans, Foster d: Co. y. G. W. By. Co., 4 B. & Mac. 181.
{s) Ford y. L. & 8. W. By. Co., 63 L. T. N. 8. 841 ; 6 B. &
Mac. 111.
(0 Newry Nov, Co, y. G. N. By. Co,, 7 B. & Mao. 176.
24
CABRTAGE OF MBRCUANDISE BY RAILWAY.
Colleotion of
tnickB.
Eaoilities at
sidiDgB.
Theinoyifiion
of mdings.
a railway company to have access to it, and the company
have at that place no reserve line of their own, it is only a
reasonable facility that the railway company should run
their engine over a portion of the siding without extra
payment, in order to collect the trader's trucks, if the
trucks have been arranged in proper order as near the
main line as they could be with safety (u).
By the schedule to the Provisional Orders (r), it is now
provided that a company may charge for services rendered
by the company at or in connection with sidings not
belonging to the company, when rendered to a trader at
his request or for his convenience, a reasonable sum by
way of addition to the tonnage rate. The question is
whether this provision alters the decisions above referred
to. Probably that will 'to some extent be so. Provision
is made for the determination of what is a reasonable sum,
which will therefore be in the nature of a quantum meruity
and the railway company will therefore be able to
recover the equivalent of any work actually performed by
them.
The facilities which a railway company will be ordered
to provide in connection with sidings must depend on the
powers given and obligations imposed upon them, but in
suitable cases signalling (tr), and the supply of trucks when
required (a;), have been ordered.
Whether the old Railway Conmiissioners had any power
to order the provision of a private siding as a facility may
be doubtful. They refused to make such an order where
the result would have been that the general traffic of the
(u) Wathinaon y. Wrexham, Mold, and Connak's Quay By. Co., 3
N. & Mac. 5 ; TharsU Sulphur and Copper Co. v. L. d: N. W, Ry,
Co., 3 N. & Mac. 455.
(v) Schedule to Prov. Orders, sect. 5, sub-s. 1, p. 189.
{w) L, & 8, W. By. Co, v. ataines By, Co., 3 N. & Mac. 48.
(x) Tha/rsis Sulphur and Copper Co. v. L. A N. W. By. Co., 8
N. ft Mao. 455.
DUE AND REASONABLE FACILITIES. 25
railway would have been interf ered with (j/) ; but intimated
that in a case where a private siding was already in exist-
ence, but the railway company refused to allow the trader
to continue to use it, though they allowed the trader's
rivalB in trade to use similar private sidings, the Court
would be prepared to issue an injunction against the
railway company on the ground of undue preference (s).
An important extension of the jurisdiction of the Jnriadiotion
Bailway and Canal Commission, in respect of sidings, has ^^n!^^
been made by sect. 9 of the Act of 1888, which gives the
Court jurisdiction to entertain a complaint of the contra-
vention of an enactment in any Act containing provisions
relating to private branch railways or private sidings (a).
The following provisions in general Acts refer to private
branch railways and sidings : —
Sects. 18 and 19 of the Regulations of Railways Act,
1840 (6), confer on the Board of Trade power to determine
disputes as to the proper places for openings in the ledges
or flanches of a railway.
Sect. 12 of the Bailway Begulation Act of 1842 (c)
gives power to the Board of Trade to direct that such
openings in any passenger railway (d) shall be made
subject to such conditions as they shall direct.
Sect. 76 of the Bailway s Clauses Act of 1845, after sidings under
providing that nothing in that Act or the special Act of S^f ^*^Act
the railway company is to prevent the owners or occupiers
of land adjoining the railway from laying down collateral
(y) DuUin Whiskey DiaiilUry Co. v. M. G, W, By, Co., 4 B. &
Mac. 32.
(z) Beeston Brewery Co, v. Mid. By. Co,, 5 B. & Mac. 53; and of.
Oirardot, Flinn & Co. v. Mid, By. Co., 4 B. & Mac. 291.
(a) Act of 1888 (51 A 52 Tict. c. 25), sect. 9.
{b) 3 & 4 Vict. c. 97.
(c) 5 & 6 Vict. c. 55.
{d) A railway was not to be considered a passenger railway if
two-thirds or more of its gross annual revenue was derived from
the carriage of coals, ironstone, or other metals or minerals.
26 CARRIAGE OF MERCHANDISB BY RAILWAY.
branohes of railway to oommunioate with the railway,
proceeds, ^'And the oompany shall, if required, at the
expense of such owners or oocupiers and other persons,
and subject also to the provisions of the said last-men-
tioned Act (^), make openings in the rails, and such addi-
tional lines of rail, as may be necessary for effecting such
communication in places where the communication can be
made with safety to the public, and without injury to the
railway, and without inconvenience to the traffic thereon ;
and the company shall not take any rate, or toll, or other
moneys for the passing of any passengers, goods, or other
things along any branch so to be made by any such owner,
or occupier, or other person ; but this enactment shall be
subject to the following restrictions and conditions : (that
is to say),
^* No such branch railway shall run parallel to the rail-
way :
'' The company shall not be bound to make any such
openings in any place which they shall have set apart
for any specific purpose with which such communica-
tion would interfere, nor on any inclined plane or
bridge, or in any tunnel :
^'The persons making or using such branch railways
shall be subject to all byelaws and regulations of the
company from time to time made with respect to
passing upon or crossing the railway, and otherwise ;
and the persons making or using such branch rail-
ways shall be boimd to construct, and from time to
time as need may require to renew, the offset plates
and switches according to the most approved plan
adopted by the company and under the direction of
their engineer."
This section, then, can now be administered by the
Bailway and Canal Commission.
It has been held under this section that when once an
(e) Le,,io sect. 12 of the Act of 1842, see above.
DUB AMI> BEASONABLE FACILITIBS. 27
opening has been made, and oommnnioation established
with the assent of the railway oompany, they cannot
afterwards revoke their consent (/), and clauses similar to
this contained in special Acts have been held to enure for
the benefit of the occupiers from time to time, not being
confined to the occupiers at the time of passing the special
Act(^).
And so it seems that when an opening for a siding has
been once made under this section, it becomes a permanent
right, and cannot be taken away because circumstances
have altered, and the railway company are disposed to do
something else with their line (h). But where the siding
is only formed by virtue of some private agreement
between the siding owner and the railway company, with-
out resort to this section, terminable by either party, the
case is otherwise (t).
Since the constitution of the present Eailway and Canal
Commission, the aid of this section has been invoked by a
trader who desired to have a private siding connected with
a railway company's line, but objected to entering into
the usual agreement with the company, on the ground
that its terms were too stringent. The agreement was in
the usual form adopted by the company, and the company
contended that it was so well known, and had been so
carefully considered, that it might almost amount to a
bye-law of the company. Wills, J., said he considered
both parties had put their case too high, and adjourned
the case in order that an arrangement might be come to (A;).
(/) Bdl V. Mid. Ry. Co,, 3 De G. & J. 673.
\g) Bishop V. Ntyrth, 11 M. & W. 459 ; 3 Bailw. Cas. 459 ; In re
Monkland and KirkiiitiUock Ry, Co., 3 Bailw. Cas. 273.
(A) Forttvay v. Colne Valley and Halstead Ry, Co., 7 B. & Mac.
102.
(♦) Ibid. ; Woodruff v. Brecon and Merihyr Tydfil Junction Ry.
Co., 28 Oh. D. 190.
{k) Cobledick v. L. d: N. W. Ry, Co., reported only in "The
Times," 28th Oct., 1890.
28
CARRIAGE OF MBRCHANDISB BY RAILWAY.
"Wrongfful
removal.
Presumption
as to origin.
Provisional
Orders.
But in another case where a railway company had
wrongfully taken up and removed rails forming the con-
nection of a branch railway or siding with the railway
company's main line, the Commission Court ordered and
enjoined the railway company forthwith to restore the
communication between the siding and their main line
at their own expense (rn).
It seems that where a trader has a siding upon his own
land, working from his own land on to the railway com-
pany's premises, and there is no evidence of any agree-
ment under which the sidings and the openings in the
railway company's line have been made, the presumption
is that the siding and openings were made under the
statutory powers contained in sect. 76 of the Railways
Clauses Act, 1845 ; and that this presumption is not
rebutted by the fact that the railway company have been
in the habit of repairing the portion of the communication
on their own land, and in isolated cases have executed
repairs on the private siding (n).
In this connection it should be observed, that in the
schedule to the Provisional Orders (o), power is expressly
reserved to the railway company to make, in addition to the
charges specified in the schedule, charges and payments by
way of rent or otherwise for sidings and other structural
accommodation, provided or to be provided for the private
use of traders, and not required by the company for
dealing with the traffic for the purposes of conveyance;
provided that the amount of such charges or payments is
fixed by an agreement in writing, signed by the trader, or
by some person duly authorized on his behalf, or deter-
mined in case of difference by an arbitrator to be
appointed by the Board of Trade.
(m) Portway v. Colne Valley and ffahtead By, Co., 7 B. & Mac.
102.
(n) Ibid. pp. 107, 108.
(o) Clause 7, p. 193.
DUE AND REASONABLE FACILIIIES. 29
Whether the Tna-ViTig of illegal or ezoessiye rates and EzoeMlTe
charges for the carriage of goods is a refusal of reasonable ^"^*'^^'
facilities within the meaning of the section, so as to amount
to a contravention of the Traffic Acts, has been a question
on which judicial opinion has somewhat differed. In a
Scotch case {p)y where a company issued a notice that they
would not be common carriers of a particular class of
goods, and would not carry them except at special rates
and under a special agreement, the old Eailway Commis-
sioners considered that this constituted a refusal of reason-
able facilities for this class of goods in respect of which an
injunction might be issued against them (q) ; and this
decision was confirmed on appeal by the Scotch Court of
Session, who held that such specially high charges at all
events constituted an '' undue prejudice and disadvantage **
of that particular class of goods, which the Commissioners
had power to restrain (r). This case was tmder considera-
tion in the English Courts in Bromi^s Case (/»), where a
passenger had been charged a fare in excess of the maxi-
mum authorized. The Divisional Court and the Court of
Appeal, whilst generally approving the Aberdeen case (^),
held that charges by a railway company, made in excess of
their statutory maximum, did not constitute a case for
injunction under the Traffic Acts, in the absence of evi-
dence that traffic had actually been stopped by such
charges. Brett, L. J., there said: ''The complaint is
founded solely upon the allegation that there has been an
overcharge in the sense that the charge was higher than
(p) Aberdeen Commercial Co. v. Ot. North of Scotland By. Co., 6
Court Sess. Cas., 4th Ser. 67 ; 3 N. & Mac. 205.
(q) Ibid,
(r) 3 N. & Mac. 231.
(«) Broum v. G. W. By. Co., 3 N. & Mac, 623; 8. 0. sub nom.
G. W. By. Co. V. Bailway Commissioners, 7 Q. B. D. 182 ; 9 Q. B.
Div. 744.
if) Aberdeen Commercial Co. y. G. N. 8c. By. Co., 3 N. & Mao.
205.
80 CARRIAGE OP MERCHANDISE BY RAILWAY.
the amount which the company were entitled to exact.
There is no statement that the overcharge was made with
the intent to prevent the carriage of any passenger or the
progress of any train ; and there is no statement that the
overcharge is of such an amount or of such a nature as
would prevent the carriage of any passenger or the for-
warding of any train at all ; and it is on account of the
absence of these allegations that it seems to me that the
Bailway Commissioners had no jurisdiction to entertain the
matter. If there was a statement in the complaint that the
overcharge was done with the intent to stop the running
of a train, or prevent a certain number of trains going, as
at present advised, I should think it was matter within the
jurisdiction of the Bailway Commissioners, because such
would prevent the carriage of peissengers ; and I am also
inclined to think that if the statement of the complaint
were that there was not simply an overcharge, but an
overcharge so great that it did in fact prevent passengers
going by trains, or did in fact prevent any train being put
on the line which ought to be there, that that would give
them jurisdiction, and that it would be the duty of the
Commissioners to entertain the application."
The Railway Commissioners, in Young v. Ghoaendreth
Valley Ry, Co, (t/), held that excessive charges imposed on
traffic subjected it to unrecusonable disadvantage, and
amotmted to an infringement of the Traffic Act of 1854.
The question was again raised in a slightly different
form in the case of The Distington Iron Co. v. L. 8^ N, W.
Ry, Co. {v). In that case, the applicants, being charged
excessive rates for their traffic, remonstrated against the
charges as excessive and calculated to injure their business,
and wrote a letter to the railway company in which they
stated their intention not to pay more than the legal
charges, and the company thereupon told them that, unless
(u) 4 B. & Mac. 247.
{v) 4 Times L. E. 785 ; 6 B. & Mac. 108.
DUE AND REASONABLE FACILITIES. 31
the letter was withdrawn, they would not receive or cany
their traffic. The Commissioners, oppressed, no doubt,
with the difficulty of reconciling these two decisions, held
that this constituted a distinct tender of the traffic by the
applicants, and a refusal by the company to receive it,
except on terms which they were not warranted in exacting,
and that this constituted a denial of reasonable facili-
ties. The Divisional Court (tr), however, refused to adopt
this view, but held that the case was governed by Brown^s
case {x)j being merely a charge made by the railway com-
pany in excess of their statutory powers.
In spite of the approval the Aberdeen case received in
BroicfCs casey it is difficult to reconcile satisfactorily the
dicta of the judges of the Court of Session in the Aberdeen
case with those of the judges in the two English cases
above referred to {y) ; but the question has not now the
importance that it once had, as the Railway and Canal
Commission have now been expressly given jurisdiction in
any question or dispute involving the legality of any toll,
rate, or charge (2).
{w) Reg, y. Railway Commusioners, 6 Times L. B. 333 ; 22 Q. B.
D. 642; 6B. & Mac. 118.
{x) Braum v. O. W. Ry. Co,, 3 N. & Mac. 623 ; 7 Q. B. Div. 182.
{y) It wiU be seen that tliis is not the only question in which
Scotch, and English Courts have airiyed at different conclusions.
See pp. 53, 61. Where any such disputed question arises, the
Bailway and Canal Commifision Court will be bound by the deci-
sion of the Courts of the country in which it is sitting (see Macfar^
land y. N, B. By, Co,, 4 B. & Mac. 206 ; Menzies y. Cal. Ry, Co,, 5
B. & Mac. 306), until the disputed point has been settled by the
House of Lords under sect. 17, sub-s. 5 of the Act of 1888.
(«) Act of 1888 (51 & 52 Yict. c. 25), sect. 10, and see p. 79.
32 CARRIAGE OF MERCHANDISE BT RAILWAY.
CHAPTER IV.
THE EQUALITY CLAUSE AND UNDUE PREFERENCE.
When railway oompanies obtained their earliest Acts for
the formation of their lines, but few restrictions were placed
on their dealings with their customers, it being, no doubt,
anticipated that the competition to which they would be
subjected by other forms of land carriage would render
legislation unnecessary. But when it was found that the
railway companies had obtained, not only a monopoly of
the traffic on their own lines, but almost a complete
monopoly of land traffic between the places connected by
railway communication, and that places where competitive
means of transit, as by sea or canal, were still left, enjoyed
a disproportionate advantage, it was considered necessary
to place certain restrictions on the dealings of railway
companies with their customers to secure fairness of treat-
ment. To secure this equality of treatment, various legis-
lative enactments have been passed, and various obligations
have from time to time been imposed upon railway com-
panies in their private Acts. One of the earliest public
enactments having this object in view is sect. 90 of the
Bailways Clauses Act, 1845 (a), often known as the
Equality Clause. It is as follows : —
Sect. 90, Rail- " And whereas it is expedient that the company should be
Act* usee ^j^g^^^j^^ j^ ^g^j ^j^^ ^^ upon the railway so as to accom-
modate them to the circumstances of the traffic, but that
such power of varying should not be used for the purpose
(a) 8 Yict. 0. 20, 8. 90.
THE EQUALITY CLAUSE AND UNDUE PREFERENCE. '33
of prejudicing or fayouring particular parties, or for the
purpose of coUusiyelj and unfairly creating a monopoly,
either in the hands of the company or of particular parties;
it shall be lawful therefore for the company, subject to the
proviuons and limitations herein and in the special Act
contained, from time to time to alter or vary the tolls by the
special Act authorized to be taken, either upon the whole
or upon any particular portions of the railway, as they
shall think fit ; provided that all such tolls be at all times
charged equally to aU persons, and after the same rate,
whether per ton per mile or otherwise, in respect of all
passengers, and of all goods or carriages of the same
description, and conveyed or propelled by a like carriage
or engine, passing only oyer the same portion of the line
of railway under the same circumstances; and no reduction
or advance in any such tolls shall be made, either directly
or indirectly, in favour of or against any particular
company or person travelling upon or using the railway."
It has been decided that an action will lie under this Enforoedby
section for refusing to carry for a particular person upon ^^^^'
the same terms as for others (^), and also that, where
excessive charges have been made by a company in contra-
vention of this section, an action for money had and
received will lie to recover back the excess of the charges
so made, if they have been paid imder protest, or in
ignorance of the facts (c)^ and in such a case, the amount
to be recovered must be calculated by ascertaining what
quantity of goods was carried over the line at the higher
rate under the same circumstcmces, and over the same
portion of the line, at the time the lower rate was charged
to another trader {d).
(6) Crouch V. O. N. By. Co., 9 Ex. 666.
(c) G. W. By. Co. V. SuUon, L. E. 4 H. L. 226; Evershed v. L. A
N. W. By. Co., 3 App. Cae. 1029.
(d) Denahy Main Colliery Co. v. M, 8. A L» By, Co., 11 App.
Gas. 97.
D. D
34 CARRIAGE OF MERCHANDISE BY RAILWAY.
Packed Further, the words " goods of the same description " and
" under the same ciroumstances " are used with reference,
not to the contents of the parcels consigned for carriage,
but to the parcels themselves {i.e.y like or different for
purposes of carriage), and with reference to the conveyance
of the goods, and not to the persons who send them. And,
hence, packed parcels, whatever their contents, are goods of
the same description within this section, and whether sent
by another carrier, or by a wholesale dealer are of the same
description for the purposes of this section (e). And also,
the fact of the goods being about to be applied for
different purposes after arriving at their destination (as
where the goods were to be used by one customer for
shipping to a particular port to open a new market and so
increase the tonnage carried), does not constitute a differ-
ence in the circumstances under which the goods are
carried (/).
And in this section, the word " tolls " is not confined, as
in certain other places in the Railways Clauses Act, to tolls
strictly so called for the use of the railway only, but it
includes the rates and charges ordinarily made {g).
But, notwithstanding this, the clause is of limited appli-
cation, for the part of the section relating to equality of
tolls only applies when the journey is between the same
points of departure and arrival {h). It has, therefore, no
application to the case of lower rates being charged for a
long than a short distance (t), nor to a case where charges
are made in pursuance of a traffic agreement with another
(c) G. W. By. Co, V. SvMon, L. E. 4 H. L. 226.
(/) Denahy Main Collitry Co, v. M, S, <fc L, By. Co.f 11 App.
Cas. 97.
(g) L. & N. W. By. Co. v. Evershed, 3 App. Cas. 1029.
(A) Denahy Main Colliery Co. y. M. 8. <fe L. By. Co., supra.
(i) A.'G. V. Birmingham and Derby Junction By. Co.^ 2 Bailw.
PaB. 124.
THE EQUALITY CLAUSE AKD UNDUE PREFERENCE. 35
oompany under sect. 87 of the Bailways Clauses Act,
1845 (*).
Undue Preference.
The Eailwaj and Canal Traffic Act of 1854 provides
that no railway oompany shall make or give any undue or
unreasonable preference or advantage to or in favour of
any particular person or company, or any particular
description of traffic in any respect whatsoever, nor shall any
such company subject any particular person or company,
or any particular description of traffic, to any undue or
unreasonable prejudice or disadvantage in any respect
whatsoever (/).
But though this statutory duty is thus thrown on the How
railway companies, the only place it can be enforced in is
the Court of the Railway and Canal Commission. The
power to enforce this enactment was originally vested
(by the same Act) in the Court of Common Fleas, after-
wards by the Regulation of Railways Act, 1873 (36 & 37
Vict. c. 46), sect. 6, transferred to the Railway Commis-
sion, and finally by the Traffic Act of 1888, sect. 8, to the
present Railway and Canal Commission.
Undue or unreasonable charges which prejudice a par- Hi^h Court
tioular trader by preferring others to him, cannot be tion?'
recovered by an action in the High Court (m). And in an
action in the High Court by which a railway company
seeks to recover charges for the carriage of goods, the fact
that the defendant is subjected by the railway company to
unreasonable charges amoimting to an undue preference
is no defence to the action ; nor can the defendant in such
{h) HuU and Barnsley By, Co, v. York and Derby Coal Co., 18
a B. Div. 761.
{I) 17 & 18 Yict. c. 31, 8. 2; the whole section will be fooind,
ante^ p. 15.
(w) Denaby Main Colliery Co, v. M. S, & L, By, Co,^ 11 App. Cas.
97, 113, 121 ; Hole v. Dighy, 27 W. B. 884.
d2
36
CARRIAGE OF MBRCHANDISB BY RAILWAY.
Undue pre-
ference in
special Acts.
Damages.
Act of 1888.
Oniift of
proof.
an aotion set ofp, or recover by counter-claim, over-pay-
ments in respect of previous charges which were unreason-
able in the same sense ((?), even though payments have
been made under protest, and a decision of the Bailway
Commissioners has been obtained declaring the charges
unreasonable (d).
The powers of the Railway and Canal Commission in
matters of undue preference have been considerably affected
by the Act of 1888. In the first place, by sect. 9 of that
Act, when any enactment in a special Act contains pro-
visions relating to undue preference, the Commission have
now the like jurisdiction to hear and determine a com-
plaint of a contravention of the enactment as they have
with regard to a case under the general Act (e).
Then they have also power to award damages " in com-
plete satisfacton of any claim, including repayment of
over-charges " (/). But to entitle a party to damages the
complaint must be made within one year from the dis-
covery by him of the matter complained of; and damages
for undue preference are not to be given if the rates
complained of have been duly published by the company
in their station rate books, unless and until the party
complaining shall have given written notice to the railway
company requiring them to abstain from or remedy the
matter of complaint, and the company have failed within
a reasonable time to comply therewith {g).
Further, sect. 27 of the same Act (h) provides :
" (1) Whenever it is shown that any railway company
charge one trader, or class of traders, or the traders in any
district, lower tolls, rates, or charges for the same or
(c) Lane, A York. By. Co. v. Chreenwoody 21 Q. B. D. 215.
{d ) Rhymney By. Co. v. Bhymney Iron Co., 25 Q. B. Div. 146.
(c) 51 & 62 Vict. c. 25, s. 9.
(/) Tbid. 8. 12.
Ig) Ibid. 8. 13.
{k) Traffic Act, 1888 (51 & 52 Vict. c. 25), s. 27.
THE EQUALITY CLAUSE AND UNDUE PREFERENCE. 37
Bimilar merchandise, or lower tolls, rates, or charges for
the same or similar services, than thej charge to other
traders, or classes of traders, or to the traders in another
district, or make any difference in treatment in respect of
any such trader or traders, the burden of proving that
sach lower charge or difference in treatment does not
amount to an undue preference shall lie on the railway
company.
" (2) In deciding whether a lower charge or difference Qnesti<mi to
m treatment does or does not amount to an undue pre-
ference, the Court having jurisdiction in the matter, or
the Commissioners, as the case may be, may, so far as they
think reasonable, in addition to any other considerations
affecting the case, take into consideration whether such
lower charge or difference in treatment is necessary for the
purpose of securing in the interests of the public the
traffic in respect of which it is made, cmd wjiether the
inequality cannot be removed without unduly reducing the
rates charged to the complainant. Provided that no
railway company shall make, nor shall the Court, or the
Commissioners, sanction any difference in the tolls, rates,
or charges made for, or any difference in the treatment of
home and foreign merchandise in respect of the same or
similar services.
" (3.) The Court or the Commissioners shall have power
to direct that no higher charge be made to any person for
similar services in respect of merchandise carried over a
less distance than is made to any other person for similar
services in respect of the like description and quantity of
merchandise carried over a greater distance on the same
line of railway."
The results of this enactment have been explained b& iiesult.
follows. Sub-sect. (1) makes it clear that all the specific
things there mentioned are within the cognizance and
jurisdiction of the Kailway and Canal Commission Court.
It also facilitates the course of a complainant by making
it perfectly clear that the various classes of differential
38 CARRIAGE OF MERCHANDISE BY RAILWAY.
treatment enumerated are primd facie objectionable, and
will be restrained, unless they can be justified (i).
Sub-sect. (2), however, enlarges the area of discussion in
the consideration of a case of undue preference (/) ; and,
as in making an order on a railway company to desist from
a preference, the Court can make no order as to how the
inequality is to be redressed, but the company may either
level up the lower rate, or level down the higher one, or do
both, — the result of the section is that if, on a case of un-
due preference being primd fack established, the railway
company can satisfy the Court that to level up would
destroy a traffic which in the public interest ought to be
secured, and aUo (A;) that to level down would be to effect
an "undue reduction," it follows that neither the one
method of redressing the inequality, nor the other, nor a
combination of the two, ought to be adopted, and there-
fore the order ought not to be made. In other words, the
state of things which creates the preference has been justi-
fied, and the preference ceases to be " undue " within the
meaning of the legislation (/).
Pablic The question as to what constitutes the "public interest"
must always be a difficult one. The Court, in the case re-
ferred to, took a somewhat imcertain view, but in a later
case (m) correcting their previous decision, held that the
public intended is the public of the locality or district
affected, and that any considerable slice of the population
in general, as opposed to an individual or association of
individuals, would satisfy the definition.
In a case before the passing of the Act of 1888 before
the old Bailway Commissioners, the question of the interest
(t) Liverpool Com Trade Associations, L, & N, IF. Ry, Co,, (1891)
1 a. B. 120, 130.
(y) Ibid. pp. 130, 138; 7 B. & Mac. 125.
{k) Notice the word is andf not or.
(1) Liverpool Com Trade Association y. L. &N. W. Ry. Co., (1891)
1 aB. 131; 7B. &Mac. 134.
(to) Liverpool Com Trade Association v. G, TF. Ry, Co., 8 Times
L. E. 619.
interest.
THE EQUALITY CLAUSE AND UNDUE PREFERENCE. 39
of the public was raised and considered ; the complaint was
that the railway company, after having removed their coal
dep6t from Oldham Station to a station further away from
Manchester at Miles Plating, still continued to carry coal
for the Corporation of Manchester to Oldham Station for
use in the gasworks, but refused to do so for the applicants
and other traders. The Commissioners held that the rail-
way company had, under the circumstances, reasonable
grounds for separating their coal and general goods traffic,
and that the exception in favour of the corporation, being
made in the interests of the public, who were benefited by
having the coal supplied for lighting Manchester carried
to a station near the gasworks, constituted no undue pre-
ference in their favour, by which the applicant or other
coal dealers would be prejudiced (n).
And in another case where, for a fixed charge, a railway
company undertook all services incidental to the transit
of traffic coming from abroad, including Custom House
agency, and allowed their servants to do the clearing at
the Custom House, though the Custom House agents
were thereby deprived of earning a commission in respect
of the goods jBO carried, the Commissioners considered that
the arrangement was made in the public interest, and
refused to interfere (o).
Sect. 28 {p) enacts : '^ The provisions of sect. 2 of the Extension to
Railway and Canal Traffic Act, 1864, and of sect. 14 of ^^.'^^^
the Begulation of Bailways Act, 1873 (^), and of any
enactments amending and extending those enactments,
shall apply to traffic by sea in any vessels belonging to or
chartered or worked by any railway company, or in which
any railway company procures merchcmdise to be carried,
in the same manner and to the like extent as they apply
to the land traffic of a railway company."
(n) Lees v. Lane, & lork, Ry, Co., 1 N. & Mac. 352.
(o) Greenop v. 8, E, Ry, Co., 2 N. & Mao. 319.
Ip) Act of 1888 (51 & 62 Vict. c. 25).
(q) /. e. , proyieioiis as to the keeping of rate books at stations, p. 84,
40 CARRIAGE OF MERCHANDIBE BY RAILWAY.
Group rates. Sect. 29 of the same Act has an important bearing on
questions of undue preference, and somewhat enlarged the
powers of railway companies, as it permits railway com-
panies to charge group rates. It provides : —
Sub-sect. (1.) "Notwithstanding any provision in any
general or special Act, it shall be lawful for any railway
company, for the purpose of fixing the rates to be charged
for the carriage of merchandise to and from any place on
their railway, to group together any number of places in
the same district, situated at various distances from any
point of destination or departure of merchandise, and to
charge a uniform rate or imiform rates of carriage for
merchcmdise to and from all places comprised in the group
from and to any point of destination or departure."
Sub-sect. (2.) " Provided that the distances shall not be
unreasonable, and that the group rates charged and the
places grouped together shall not be such as to create an
undue preference."
Sub-sect. (3.) " Where any group rate exists or is pro-
posed, and in any case where there is a doubt whether any
rates charged or proposed to be charged by a railway com-
pany may not be a contravention of section two of the
Bailway and Canal Traffic Act, 1854, and any Acts
amending the same, the railway company may, upon
giving notice in the prescribed manner, apply to the Com-
missioners, and the Commissioners may, after hearing the
parties interested and any of the authorities mentioned in
section seven of this Act, determine whether such group
rate or any rate charged or proposed to be charged as
aforesaid does or does not create an imdue preference.
Any persons aggrieved, and any of the authorities men-
tioned in section seven of this Act, may, at any time after
the making of cmy order under this section, apply to the
Commissioners to vaiy or rescind the order, and the Com-
missioners, after hearing all parties who are interested,
may make an order accordingly."
The effect of this section is practically to extend the
THB EQUALITY CLAUSE AND UNDUE PREFERENCE. 41
discretion of railway oompanies, and to some extent to Effect of
limit the enactments against nndue preference in cases " " ®*
where the section is applicable. If the rates could be
justified on the ground that they did not create an undue
preference without grouping, this section would be in-
operative ; and so where there is a group rate which is
justified on the commercial grounds of convenience, the
measure of imdue preference must be different from that
where no such rate exists ; and whenever there is a group-
ing which can be justified on the general ground of con-
venience, a more liberal allowance must be made to the
companies in dealing with rates than would be permitted
except for the grouping {p).
But still, if it be shown that a number of places are
grouped together with respect to goods coming in one
direction only, while there is no group rate applicable to
goods coming in the opposite direction, so that the trader,
situate at the farthest point of the places grouped together,
who benefits most by the group rate, also benefits most
from the rates on traffic coming or going in the opposite
direction, aud in fact the advantages are all in one direc-
tion, that will tend to show that the grouping between the
extreme places is excessive, and to induce the Court to
confine the section within moderate limits (p). Prior to
the passing of the Act of 1888, however, it had been
decided that a system of grouping was carried too far
where the same rate was charged to all the collieries work-
ing the same bed of coal, where the coal field extended for
twenty miles and covered an area in which the pits might
be that distance apart (q).
In a recent case the grouping of two places, A. and B.,
one of which was situate 11 miles nearer to the usual
market than the other, was held reasonable, it appearing
(p) North Lonsdale Iron Co. v. Furnesa By, Co,, 64 L. T. N. S.
122, 126; 7 B. & Mac. 146, 152.
{q) Denahy Main Colliery Co, v. M, 8, <fc L, By, Co,, 3 N. & Mac.
426.
42
CARniAGE OF MERCHANDISE BY RAILWAY.
Limits of
nndne pre*
ferenoe.
^
Undue pre-
ference off the
railway.
that the difitanoe of both A. and B. from the market was
about equal by a competitive line of railway (r).
The section itself, however, shows that the ultimate test
to be applied in order to ascertain whether the group rate
is allowable or not, is whether it does in fact constitute an
imreasonable preference of certain persons over others.
It is proposed, therefore, to trace shortly the grounds on
which a preference has been held undue, and those on
which it has been held to be .justified.
In the first place, then, the undue preference to call for
the interference of the Hallway and Canal Commission
must arise in the "receiving, forwarding, or delivery of
traffic," and must also bo done by the delinquent company
in their capacity of a railway or canal company («). So
where a railway company owned docks, the Commission
were held to have no jurisdiction to entertain a complaint
that the company were charging preferential dock dues {t).
And so where a railway company were proprietors of
the Grrimsby Old Dock and the Ghrimsby New Dock, and
were authorized and required to maintain the old dock
and the approach thereto of a given depth, but neglected
to do so, and the dock got silted up so that vessels could
not get to the wharves, and it was suggested that the
object of the company was to discourage traffic to the old
dock and divert it to the new one, it was held that the
failure by the railway company to perform their duty was
not subject for redress under the Traffic Act of 1854 (u).
On the other hand, the a^ of imdue preference need not
be done on the railway itself. Thus an injimction will be
(r) Pickering Phippa v. L. dt N. W. By. Co,, 8 Times L. E. 419;
the distance is so stated in the report of Lord Herschell's judgment,
but from the early part of the report it would appear to be 9 miles.
(«) East and West India Dock Co. v. Shaw <k Co., 39 Oh. D. 524 ;
West V. L. & N. W. By. Co., L. E. 6 0. P. 622 ; Baxendale v. L. <k
8. W. By. Co., L. R. 1 Ex. 137.
(0 East and West India Dock Co. y. Shaw <fc Co., 39 Ch. D. 524.
(u) Btnnet v. M. S. dc L. By. Co., 6 0. B. N. S. 707 ; 1 N. &
Mac. 288.
THB EQUALITY CLAUSE AND UNDUE PREFERENCE. 43
issued against a railway company if it prefer itself as a
carrier by road, after the transport by railway has come to
an end, over other carriers by road (r), or if the railway
company prefer its own agents to other carriers (it), or so
act as to give its agents an undue advantage over other
carriers (;p). In a recent case, WiUs, J., thus stated the
question, " If a railway company have completed the con-
tract they have entered into with their customer without
default, anything which may happen by the action of
anyone else is not a matter for which they are liable ; but
as long as their contract with their customer remains, they
must take care that in the performance of that contract, so
far at least as they can prevent it, the customer does not
suffer from any undue preference ; and it is no answer to
say that ^ the reason why the undue preference is given is
some private arrangement between us and our agents,' or
anyone else, nor is it material to inquire how the unequal
charges came to be made if they have been made in
fact"(y).
In this case the Court held that where goods were
handed to a railway company, addressed to A. B. at
Shanklin, " per Ford," it was quite clear that both parties
understood such an address to be a direction to carry to
Ford at the place named, and that their duty was dis-
charged on delivery to Ford, and that they had nothing to
do with any further delivery, nor any right to deliver to
the ultimate consignee direct, either themselves or by their
agents.
It is obvious that some kinds of traffic may be more Allowanoes.
easily worked than other traffic, whether by reason of the
(r) Baxendale v. G. W. By, Co, {Reading Case), 1 N. & Mao. 202 :
5 C. B. N. S. 336; GarUm v. Bristol and Exeter By. Co,, 6 0. B.
N. S. 639; 1 N. & Mao. 218.
(w) Baxendale v. North Devon By, Co,, 1 N. & Mac. 180 ; 3 0. B.
N. S. 324.
(») Ford V. L. & 8. W, By. Co,, 63 L. T. N. S. 841 ; 7 B. & Mao.
111.
(y) IM.
44
CARRIAGE OF MERCHANDISE BY RAILWAY.
Equal mile-
age rates.
Qradients.
gradients over which it has to pass, the quantity or
regularity of the traffic, or the like; and if a railway
company in making its charges against two kinds of
traffic make an allowance in favour of that which is most
easily worked, so long as that allowance does not exceed
the difference in cost to the railway company in working
the two kinds of traffic, that will not be considered an
undue preference (s).
In the comparison of rates the distance must always be
the main element for consideration, and in any case where
a railway company choose to adopt an equal mileage
standard in fixing their rates, such rates should be
perfectly unassailable. At the same time (as stated in
the report of the Committee of 1872) there are obvious
objections to it as a fixed standard (a).
And if there are any circumstances existing to show
that a particular trader's traffic can be worked more
cheaply than the traffic of other traders, or than that of
the public, and if the rates in force do no more than make
allowance for these circumstances, then those rates cannot
be successfully impeached (b).
For instance, one line may be more expensive to work
than another by reason of heavy gradients. Thus, upon
a complaint that the railway company did not give the
traders of Newry the benefit of the geographical position
of Newry with regard to Belfast and several towns lying
west and north-west of Newry, and that the railway company
gave a preference to the traders of the said towns to send
their goods to and from Belfast at much lower rates than
to Newry, though in every instance Newry was much
nearer to them than Belfast ; in their answer the railway
(z) Rhymney Iron Co, v. Bhymney Ry, Co.^ 6 B. & Mac. 60 ; 4
Times, L. E. 717 ; Newry Town Commrs, v. G, N, Ry, Co,, 7 B. &
Mac. 184.
(o) Town Commrs. of Newry v. O, N, Ry, Co,, 7 B. & Mac. 184,
see per Murphy, J., 189.
(6) Rhymney Iron Co, v. Rhymney Ry, Co,, 6 B. & Mac. 60;
Holland v. Festiniog Ry, Co,, 2 N. & Mac. 278.
THE EQUALITY CLAUSE AND UNDUE PREFERENCE. 46
oompany set up as an explanation of the undue preference
of Belfast over Newry, that the line to Newry was over
heavy gradients, while that to Belfast was level ; but the
Commission Court held that the rates (which in some
cases made a difference of only a Id. for a distance of
sixteen miles) were unfair, and granted an injunction.
The railway company then made a table charging so much
for the first twenty-four miles, and for the next twenty-
four miles a lower rate, and added a sum from 2d. to 4d.
when the gradient was against the load ; and this charge
for gradient (which was objected to by the complainants
on a motion for penalties) was sanctioned, Sir F. Peel
saying, ^' Now as to the priociple of an extra charge for
increase in cost of working, I do not think it has ever
been considered to be an infringement of the Traffic Act,
1854, that a railway company should charge a higher rate
per ton per mile for any portion of its line over which it
is more expensive to work than over other portions, and,
where there has been a difference of rate due to that
particular cause, such a rate has never been considered to
be a preferential rate " {c).
And so long distance traffic, being more cheaply worked Long and
as a rule than short distance traffic, may gj^nerally be ^J^^"^
legitimately charged a lower mileage rate(^). But if such
a lower charge on long distance traffic be made, a complaint
by a short distance trader is not disposed of by showing
that the lower rate per ton makes the highest aggregate
rate. It seems, however, that in the case of two unequal Larg^est profit
distances, where the larger gross rate yields also the larger pate^sMfta
profits, it is not necessary that these should be proportional ouhb of proof.
— what is a due increase must depend in each case on the
particular circumstances — and if the railway company can
(c) Toum Commra. of Newry v. Q. N. Ry. Co.^ 7 B. & Mac. 184;
and cf. NiUliill and Lesmahagow Coal Co. v. Cal. By. Co., 2 N. &
Mac. 39; BelUdyke Coal Co. v. N. B. Ry. Co., 2 N. & Mac. 105.
An incline toll was sanctioned, in this case.
{d) Ransome v. Eastern Counties Ry. Co. (No. 4), 1 N. & Mac.
165 ; 8 0. B. N. S. 709 ; Foreman v. (7. E. Ry. Co., 2 N. & Mac. 202«
46
CARRIAGE OF MERCHANDISE BY RAILWAY.
Through and
local rates.
Guarantee of
traffic.
show that the larger profit arises from the larger gross
rate, the burden of proof is shifted, and rests on those who
impugn the rate to show that the difierenoe in charge
operates to their injury (e).
Through rates, however (i. ^., rates to which more than
one company are parties), stand upon rather a different
footing to rates charged by a railway company in respect
of goods travelling over its own line only, and, in most
cases, are not to be compared with local rates in consider-
ing cases of undue preference (/) ; there would, however,
appear to be a distinction between through rates fixed by
agreement between railway companies, and through rates
that have come before the Kailway Commissioners or the
Eailway and Canal Commission, and been adjudicated
upon by them (g).
And seeing that traffic in considerable quantity, regu-
larly despatched, can ber worked more cheaply than an
intermittent traffic of uncertain character, a guarantee of
constfiuit and regular traffic will justify a rebate from the
ordinary rate {h). So an agreement to allow reduced
rates to certain traders, in consideration of a guarantee by
them to send by railway such a quantity of coal in fully
loaded trains as would produce to the company a gross
yearly revenue of 40,000/., was held a legitimate agree-
ment (t) ; as was also cm agreement to give a rebate of 15
(e) BrougMon and Plas Power Coal Co, v. O. W, By, Co,^ 4 B. &
Mac. 191.
(/) Hull and Bameiley By, Co, v. York and Derby Coal and Iron
Co., 18 Q. B. Div. 761; Londonderry Harbour Commisatoners v.
O, N, By, Co., 5B,& Mac. 282.
{g) Londonderry Harbour Commissioners v. G, N, By, Co,, 6 B. &
Mac. 282, at p. 302, per A£r. Oommissioner Miller.
(A) Bichardson v. Mid. By. Co,, 4 B. & Mao. 1; Bansome v.
Eastern Counties By. Co. (No. 4), 1 N. & Mac. 165; 8 0. B. N. S.
709. See Bhymney Iron Co. v. Bhymney By, Co., 6 B. & Mac. 60;
4 Times L. R. 717 ; Oarton v. Bristol <k Ex. By. Co., 1 N. & Mac.
218 ; 6 G. B. N. S. 639.
(i) Nicholson V. G, W. By, Co, (No. 1), 1 N. & Mac. 121 ; 5 C. B.
N. S. 366, 436.
THE EQUALITY CLAUSE AKD UKDUB PRBFSRENCB. 47
per cent, in oonBideratioii of a contract to send 850 tons of
goods per month by the company's railway and steamers {k) .
Thus, a trader may legitimately receive a preference
from a railway company, if, by any means, he is able to
reduce the cost of carriage to the company ; for instance,
by being able to despatch his traffic in full train loads (/) ;
or by being able to load a greater weight into his trucks (m) ;
or by being able to make use of an improved class of roll-
ing stock, which other traders are imable to employ («) ;
or by reason of his being situate at a large town, where
the railway company, on delivering his trucks, are certain
of a ** back load," whilst in other places the traffic is so
small that the trucks have to be returned empty (o).
But it is not for the public interest that one railway Amement
company should be able, by differential rates, to diminish ^^^^^
the accommodation and availability of the railway of
another company, and to limit the freedom of consignors
and consignees to use either as they please, or oblige them
in their use of a competitive railway, to use it upon the
terms of paying higher rates to the company than are paid
by persons using the same railway (je>). And so an agree-
ment to give a rebate or reduced rate in consideration for
the trader undertaking to send a certain percentage of his
traffic (j), or all his traffic (r), by the company's railway
{k) Oreenop v. 8. K Ry, Co., 2 N. & Mac. 319.
(Z) Bansome y. Eastern Counties Ry, Go, (No. 2), 1 N. & Mac. 109;
lUd, (No. 4), 1 N. & Mac. \bb \ RxchardB<m v. Mid. Ry. Co., 4 B. &
Mac. 1 ; Nicholson v. G. W. Ry. Co., 1 N. & Mac. 121.
(m) Qirardot, Flinn & Co. v. Mid. Ry. Co., 4 B. & Mac. 291.
(w) Holland v. Fesiiniog Ry. Co., 2 N. & Mac. 278.
(o) Oirardot, Flinn & Co, v. Mid. Ry. Co., supra.
{p) Harris v. Cockermouth Ry. Co., 1 N. & Mac. 97 ; 3 0. B.
N. S. 693; Rhymney Iron Co. v. Rhymney Ry. Co., 6 B. & Mac. 60,
at p. 64.
(9) Rhymney Iron Co. v. Rhymney Ry. Co., 6 B. & Mac. 60;
Oarton v. Bristol & Ex. Ry. Co., 1 N. & Mac. 218 ; Baxendale v. G,
W. Ry. Co., 1 N. & Mac. 191.
(r) Diphwys Casson Slate Co. v. Fesiiniog Ry. Co.^ 2 N. & Mac.
73; Holland v. Fesiiniog Ry. Co*, 2 N. & Mac. 278.
48
GAHRIAGE OF MERCHANDISE BY RAILWAY.
Preference to
obtain traffic.
Competition
may be
considered.
is unfair, even though the agreement be offered to all traders
alike, for what may be fair for one trader may be unreason-
able in regard to another («).
And so a railway company will not be allowed to give a
preference to a trader in order to secure traffic which they
otherwise would lose ; as where a railway company, in
order to secure the traffic of a trader which would other-
wise travel by another line, perform services, such as
cartage, gratuitously {t), or allow him a rebate not allowed
to others, they are guilty of an undue preference («).
Everyone has a right to the natural advantages which
have been acquired by the proximity of his land to a rail-
way, and a railway company is not justified in depriving
him of it, by allowing to another not so favourably situate
the expense which he may have incurred in connecting his
place with the railway, in the reduced charge at which the
company carry his goods on their railway («?).
At the same time, where a railway company are charged
with showing an undue preference to one trader as com-
pared with another situate at another pl6U)e on the line, the
Commission Court are entitled to take into consideration
the commercial necessity of competition with a rival line
of railway to which the railway company are subject.
This was decided in the recent case of Pickering Phipps v.
L, Sf N. W. My, Co, (tr), where Lord Herschell, in giving
judgment in the Court of Appeal, referring to the conten-
tion that a trader was entitled absolutely to the advantage
of his geographical position, said, that he could not see
why the position of a trader where he had the advantage
(») Diphwys Casson Slate Co,y, Festiniog Ry, Co,, 2 N. & Mac. 73,
p. 79 ; Rhymvey Iron Co, v. Rhymney Ry, Co,, 6 N. & Mac. 60.
(<) Everahed v. L, & N, W, Ry, Co,, 3 App. Cae. 1029; 3 Q. B.
Div. 136 ; 2 Q. B. D. 254.
(m) Bell V. Mid, Ry, Co,, 2 N. & Mac. 185; Harris y, Cockermouth
& Workington Ry, Co,, 3 C. B. N. S. 693 ; 1 N. & Mac. 97.
(v) Harris v. Cockermouth & Workington Ry, Co,, per Williams,
J., 1 N. & Mac. 105.
(«;) 8 Times L. R. 419. J /^"^ / 2.(^.fl. 7-^^
THE EQUALITY CLAUSE AND UNDUE PREFERENCE. 49
of oompeting routes should not equallj be taken into ao-
oount, or that proximity to the market was the only matter
to be considered between two traders. If the existence of
the competing route was to be excluded altogether, the
result would be to deprive the trader who had the advan*
tage of the competition of some of the advantages of his
position.
As a railway company may not prefer one trader to Preferonoe of
another, so they are not allowed to prefer themselves or
their own traffic, when acting as carriers off their line, to
any other trader or carrier. In one case (x), the company,
who had carried goods at 38. 6d. a ton while the carrier
had charged 4«. 10^?. for delivery, raised the price for
carriage to Rs, 4(/., and offered to collect and deliver
gratis; and this was considered an undue preference by
the company of themselves. And in another (y), a rail-
way company, who had receiving houses in various parts
of London shut their gates and refused to admit the vans
of other carriers after 6.30 p.m., while the company's own
vans were admitted up to a much later hour, and the goods
forwarded by the night trains ; and this was an undue
preference of themselves ; as was also a case where a com-
pany who had been in the habit of delivering goods at an
inclusive rate, allowing a rebate to such persons as fetched
the goods from the station themselves, suddenly put a stop
to these rebates, with a view of excluding other carriers
from competing with them in delivering goods (z).
And if a railway company have in fact given an undue
preference to themselves when acting as carriers off their
railway, in competition with other carriers, in the collec-
tion and delivery of parcels, the question whether they
(x) Baxendale v. G. W. By. Co. {Reading Case), 1 N. & Mac. 202;
5 C. B. N. 8. 336.
(y) Palmer v. X. B. & 8. C. By. Co., L. B. 6 0. P. 194.
(z) Garton v. G. W. Ry. Co., 1 N. & Mac. 218; 6 0. B. N. S. 669.
D. B
60 CARRIAGE OF MERCHANDISE BY RAILWAY.
have or have not made a profit by so doing is quite imma-
terial (a).
Preferenoe of Neither may a railway company maike a preference in
favour of their own agents, or of any particular carrier,
even though the preference has been made in consequence
of arrangements with another company {b). So a railway
company may not make a higher charge when goods are
delivered by one earner than they do when they are
delivered by others (c). And if they accept parcels for
conveyance to a place beyond the terminus of their rail-
way addressed " per Ford & Co.," or addressed to a par-
ticular carrier at their terminus, they must not disregard
such address, and if they deliver the goods to the ultimate
consignee by their agent or by another carrier, it amounts
to an undue preference of their agent, or of the other
carrier {d).
And if a railway company refuse to receive goods from
the public after 5.15 p.m., but receive them from their
Cost of agent up to 8 p.m., such conduct is an undue preference of
^®* their agent (e). And if they allow a rebate or fee to one
carrier they must do so equally to all(/). But if the
rebate or fee be allowed equally to all, to the company's
agents as well as independent carriers, there is no case of
undue preference, and the Court will not go into the
question of cost of collection and delivery (g) ; but if the
(a) Baxendcde v. O. W. By. Co., 1 N. & Mac. 213; 6 0. B. N. S.
856.
(6) Baxendale v. North Devon By. Co., 1 N. & Mac. 180; 3 0. B,
N. S. 324.
(c) Ibid. ; Ford v. L. & 8. W. By. Co., 7 N. & Mac. 111.
[d) Ford V. L. & 8. W. By. Co., 7 N. & Mac. Ill; Menzteay.
Cal. By. Co., 5 B. & Mac. 306; Fishhourne v. G. 8. & TF. By. Co.,
2 N. ft Mac. 224.
(c) QarUm v. Brittol & Ex. By Co., 1 N. & Mac. 218; 6 0. B.
N. S. 639 ; Baxendale v. L. & 8. W. By. Co., 1 N. & Mac. 231 ; 12
0. B. N. S. 768.
(/) Fishhourne v. M. G. W. By. Co., 2 Eep. Ry. Com. 3.
(g) Bobertson v. G. 8. & W. By. Co., 2 N. & Mac. 374; Bohertson
v. M. G. fT. By. Co., Ibid. 409.
THE EQUALITT CLAUSE AND UNDUE PREFERENCE. 51
company themselvee act as cairieni for collection and
deliveiy, the rebate allowed to an independent carrier for
those services most not be less than the cartage portion of
the gross rate, or less than the cost of carting, so as to
nndnlj prejudice the independent carrier in competing
with the company (h).
It seems that the obligation imposed on railway com- How long
panics to treat all their customers equally is coterminous ^uSTtaSt-
with the contract to carry, and lasts until the contract to "*^* *■•*■•
carry is performed. This was discussed in Ibrd v. L. 8f
8. W. Ry. Co. (»). In that cise the railway company
accepted in London parcels addressed to various places in
the Isle of Wight, " per Ford & Co." The railway com-
pany's line stopped at Gosport, where the parcels were
placed on ships belonging to Messrs. Chaplin, who carried
them to the Isle of Wight, and there acts of undue
preference were committed. The applicants had not
made Chaplin & Co. joint respondents with the railway
company, as it seems they might have done under sect. 28
of the Act of 1888 (A) ; and the question was whether the
railway company alone were liable.
Wills, J., there said (/) : " In my opinion if the railway
company have once completed their contract with the
customer without default, anything which may thereafter
take place by reason of the action of Chaplin & Co., or
anybody else, is not a matter for which they are liable
either, in a civil action or on a complaint of undue pre-
ference ; but as long as their contract of carriage with the
customer remains, I think they must take care that in the
performance of that contract, so far, at least, as they can
prevent it, the customer does not suffer from any undue
(A) Ooddard v. L. & 9. TT. By. Co,, 1 N, & Mao. 308; Menzie$T.
CcU. Ry. Co., 5 B. & Mac. 306.
(0 7 B. & Mac. 111.
{k) Ibid., per Sir F. Peel, 121.
[l) 7 B. & Mac. p. 114.
e2
62
CAKRIAGE OF MERCHANDISE BY RAILWAY.
WhetlLer
oompany
bound by
general
orders.
Address to
cairier.
preference ; and I do not think that it Is an answer to that
complaint to say, * The reason why the undue preference is
given is some priyate arrangement between us and our
agents/ or somebody else; and I do not think it is material
to inquire how it was that the unequal charges came to be
made (if they really have been made) in respect of services
which in each case were performed throughout by the
railway company."
And Mr. Commissioner Price, after referring to the
contract of carriage, says (m) : '^ In this particular case it
is not possible for them (e.g., the railway company) to
fulfil that contract except through the agency of some one,
and they have an agent appointed for that express purpose.
Up to a certain point they are independent of his services,
but at and from a certain point his services begin, and it
seems to me from the moment they are called into requisi-
tion, as long as he has anything to do with the matter, till
the contract is performed, he is their agent. Therefore, it
seems to me, from the moment when Chaplin is called in to
perform part of the contract, we must regard him, what-
ever else he might be, as their agent. Chaplin may be an
independent trader as well, but for all purposes he is
certainly in the first instance their agent, and it seems to
me, therefore, the company are fairly made liable for
Chaplin's acts."
The question how far a railway company is boimd by a
general order to deliver goods arriving at their station to a
particular carrier is one of some difiBculty; and opposite
opinions have been expressed and adhered to on this point
in the Scotch Courts on the one hand, and the English and
Irish Courts on the other.
There is no doubt that when a parcel addressed to an
ultimate consignee to the care of a particular carrier (n) is
(m) 7 B. & Mac. 123.
(n) E,g.,it the parcel be addressed —
Messrs. J. Brown & Co.
205, Blank Street, Glasgow.
care of Pickford & Co.
THE EQUALITY CLAUSE AND UNDUE PREFERENCE. 63
delivered to and aooepted by a railway company for oar-
liage, the railway company impliedly contract to deliver
the parcel to the carrier to whom it is addressed at their
terminus (o).
Also, it is clear that a railway company cannot force a Order m to
person against his will to employ them to cart by road in ^P*'*™P^^^"*
addition to the service of conveyance by railway, and that
a consignee has the right if he pleases to receive his goods
at the station, and to relieve the carrier from any further
duty in that case. And if the consignee, expecting a
particular consignment, sends a special order directing the
particular consignment to be delivered to the bearer at the
station, instead of at his own house, the railway company
would be bound to deliver it to the person producing the
order {p).
But with regard to a general order, such for instance as
where a consignee gives to the railway company an order
such as '* Please deliver to Mr. Parkinson at Cirencester
Station all goods consigned to me," the case is somewhat
different. It has been held by the Court of Common
Pleas in England (^), that the railway company were
bound by such order, and if they delivered the goods
themselves, or by their agent, they were liable to an
injunction on the ground that they were unduly pre-
ferring themselves, or their agent, as the case might be.
"Wills, J., said(r) : "It was urged that great difficulties
might arise to the company if they were obliged to act upon
these general orders, inasmuch, as they might run the risk of
(o) F<yrd v. L. dh 8. W, By, Co., 7 B. & Mac. Ill ; Fick/ard v.
Cal By. Co., 1 N. & Mac. 252 ; Menzies v. Cal. By. Co., 5 B. &
Mac. 306, p. 310 ; Fishhoume A Co. v. G. 8. «fe W. By. Co., 2 N. &
Mac. 224.
{p) Mmzies v. Cal. By. Co., 6 B. & Mac. 306; BaxendcUe v. 0. W.
By. Co., 14 0. B. N. 8. 1.
{q) Parkinson v. G. W. By. Co., L. E. 6 0. P. 544 ; 1 N. & Mao.
280.
(r) Ibid., L. B. 6 C. P. 562.
54
CARBIAGE OF MERCHANDISE BY RAILWAY.
delivering the goods to a stranger. But we cannot make
any distinctions of persons in a case like the present. The
company have no right to prefer themselves, or any one
carrier to another. Besides, this is only complaining of
the ordinary state of things."
In the Scotch Courts, however, another view has pre-
vailed, and the Court of Session under similar circumstances
has twice held (s) that a railway company were at liberty
to ignore such general orders by the consignee to deliver
to a particular carrier, without committing any breach of
the TraflBc Act of 1854. The ground upon which they
rested their decision seems to have been that the railway
company had entered into a contract with the consignor to
deliver the articles consigned by him to the person and at
the place mentioned in the address ; and that the railway
company were entitled to reply to such a general order by
a consignee, " It is not in our power, and we cannot
undertake to deal otherwise with these goods than accord-
ing to their addresses, but we will deliver them according
to the addresses."
The question came again before the Eailway Commis-
sioners, and, feeling the diflSoulty of these adverse decisions,
they decided that the case before them being a Scotch
case they were bound to follow the views of the Scotch
Court of Session, which they did, without going into the
question. It is submitted, however, that the case before
the Court of Common Pleas was rightly decided, and that,
although the railway company are pritnd fade liable until
they have performed the whole of their contract made with
the consignor, it is competent for the consignee to relieve
them of a portion of this liability by a proper document in
writing, signed by him, directing them to deliver at their
terminus to his servant or agent. This, it seems to be
(a) Wannan v. Scottish Cent. By. Co., 1 N. & Mac. 237; 2 Ct.
Sees. Cas. 3rd ser. 1373 ; Pickford v. Cal, Ry, Co,, 1 N. & Mac,
252 ; 4 Ct. Sess. Cas. 3rd ser. 755.
THB EQUALITY CLAUSE AND UNDUE PREFERENCE. 55
admitted, he can do wlien the document refers to particular
goods (t) ; and it is difficult to understand why the consignee
should not have the like power of releasing a railway
company from responsibility, if he desires so to do, in
respect of goods coyered by a general as well as a spedflc
description.
In cases of undue preference it has been frequently Ledger
adduced as an instance of unequal treatment, and undue ^^w'^*-
prejudice of the applicant by the railway company that
the company haye refused to allow the applicant to have a
ledger account with the company, and insisted on being
paid forthwith for aU traffic carried by them for or on
behalf of the applicant {u). This ground of complaint has
never been favourably entertained. In making contracts,
subject only to the duty of acting impartially (which is
performed when the offer of a contract is made to all who
wish to adopt it) a railway company ought to have as free
power as any merchant (r). And it is obvious that some
discretion must be left to a railway company in the con-
duct of their business, and that the company can alone
decide to whom it can give credit and to whom it should
be refused. Where a trader has been allowed credit by
the company, and has made use of the indulgence
granted him to exercise a control over the rates of charge
made by the company which he would not otherwise
possess, the company would be amply justified in putting
an end to such conduct by refusing to allow him further
credit (tr). And, although it is possible that if a ledger
{t) Menzies v. Col, By, Co., 5 B. & Mac. 210; PuJc/ordy. Cal.
By. Co., 1 N. & Mao. 252 ; 4 Ct. Sees. Gas, 3rd aer. 755.
(w) Ooddard v. L. A 8. W* By. Co., 1 N. & Mac. 3C8; Skinningrove
Iron Co. V. N. E. By. Co., 2 B. & Mac 244 ; Ford v. L. dt S. W.
By. Co., 7 B. & Mac. 111.
(v) NichoUony. G. W. By. Co. (No. 2), 1 N. & Mac. 143 ; 7 0. B.
N. S. 755.
(w) Skinningrove Iron Co. v. N. E. By. Co., 5 B. & Mac. 251 ;
Ford V. L. & S. W. By. Co., 7 B. & Mac. p. 118.
66
CARRIAGE OF MERCHANDISE BY RAILWAY.
Befasalto
supply
waggons.
Biyal steam-
ship oompa-
nias.
aooount were wantonly or capriciously refused to one
trader, when others were allowed to have it, proceedings
for undue prejudice might be sustained, yet it is a matter
in which a railway company are entitled to so large a
measure of discretion, if honestly exercised, that a very
strong case indeed would be required to support it {x).
And so where a merchant had refused to pay demurrage
(or waggon hire) for waggons detained by him, such conduct
was thought to justify a refusal by the company to supply
him with more waggons, and such refusal on the part of
the company was no undue prejudice of the merchant (y).
It has also been held that a railway company were justified
in refusing to provide trucks or carry coal for any but
colliery owners (2), but it is submitted that this is incon-
sistent with the construction put upon sect. 2 of the Traffic
Act, 1854, by the Court of Appeal in Dickson v. G. N. Ry.
Co, (a), and must be taken to be overruled by that decision,
as such a refusal would be a refusal of reasonable facilities
within the meaning of the Traffic Acts.
For a similar reason, where there are more than one line
of steamboats plying between two ports, a railway com-
pany running to one of such ports will be justified in
selecting the steamship company possessing the better
boats and superior accommodation with whom to enter
into a through traffic agreement. For considering the
nature of through traffic and the responsibility of a rail-
way company booking through to a distance to which they
have themselves no means of carrying, and the route to
which is partly by water, it is not a contravention of the
Traffic Acts for the railway company to select between
(a?) Ford v. L. A 8, W. Ry. Co,, 7 B. & Mac. p. 117 ; Goddard v.
X. ife 8, W. By. Co., 1 N. & Mac. 308.
(y) Oxlade v. N. E. Ry. Co, (No. 1), 1 N. & Mac. 73 ; 10. B. N. S.
464 ; Shinningrove Iron Co. v. N. E. By. Co., 5 B. & Mac. 244.
(2) Oxlade v. N. E. By. Co. (No. 2), 1 N. & Mac. 162 ; 15 0. B.
N. S. 680.
(a) 18 Q. B. D. 176
THE BQTJALITT CI^USB AND UNDUE PREFERENCE. 57
different vessels as to which they will send and reoeive
goods by, and give a preference to the one they may think
best entitled to their confidence (6).
So a railway company, in dealing with the admission or Cabs and
exduflion of cabs and omnibuses to its station-yard, most *"""'*'^"■•••
be g^ded by considerations as to public convenience ; and
if no inconvenience is thereby caused to the public, a
railway company may exclude certain cabs or omnibuses
from its yards and admit others {c) ; but if public incon-
venience is caused thereby a complaint will lie; and so
where a railway company excluded one omnibus driver
from their station-yard but admitted another, and it
appeared that the two omnibuses ran by different routes,
the Court granted relief, on the ground that by the exclu-
sion of the one omnibus a certain section of the public
were subjected to unreasonable inconvenience (d).
If a complaint of undue preference be made by a private Pnof of
trader or a company, it was considered, by the Commision^rs ™"*fi^'
under the Act of 1873, necessary, in order to sustain the
complaint, that it should be shown that the complainant
had suffered damage from the preference complained of (^),
although strict proof of the damage was not required
if facts were shown to point to a reasonable inference
of damage (/). And having regard to the judgment of
(6) Napier v. Glasgow & flf. TT. Ry. Co., 1 N. & Mac. 292;
Souihsea & hU of Wight Steam Ferry Co, v. L. & 8. W. By. Co., 2
N. & Mac. 341 ; Pickford v. Cal. By. Co., 1 N. & Mao. 252.
(c) Beadell v. Eastern Counties By. Co., 1 N. & Mac. 56; 2 0. B.
N. 8. 509 ; Painter v. L. B. & 8. C. By. Co., 1 N. & Mac. 58 ; 2 0.
B. N. S. 702 ; Il/racomhe Public Conveyance Co. v. L» <fe 8. W. By.
Co., 1 N. & Mac. 61.
{d) Marriott v. L. & 8. W. By. Co., 1 N. & Mac. 47; 1 0. B. N. S.
499.
(«) Skinningrove Iron Co. v. N. E. By. Co., 5 B. & Mao. 244 ;
Londonderry Harbour Commisaicnera v. 0. N, By. Co., 5 B. & Mao.
282.
(/) Skinningrove Iron Co. v. N. E. By. Co., 5 B. & Mao. 259.
58
CARBIAGE OF MERCHANDISE BY RATLWAT.
"Who may
complain of
undue pref6r<
ence.
Power to dock
companies
and harbour
boards to
complain of
undae pre-
ference.
Decisions
smnmarised.
Wills, J., in a recent case (A), the same view will probably
be entertained by the Eailway and Canal Commission
under the Traffic Act of 1888.
In addition to the local authorities above mentioned (t)
who have power to prefer complaints to the Railway and
Canal Commission, port or harbour authorities or dock
companies are authorized by sect. 30 of the Traffic Act of
1888 to make a complaint of imdue preference. The
form of the section seems to show that they must prove an
injury to their harbour or dock to support the complaint.
It is as follows : —
" Any port or harbour authority or dock company which
shall have reason to believe that any railway company is
by its rates or otherwise placing their port, harbour, or
dock, at an undue disadvantage as compared with any
other port, harbour, or dock to or from which traffic is or
may be carried by means of the lines of the said railway
company, either alone or in conjunction with those of other
railway companies, may make complaint thereof to the
Commissioners, who shall have the like jurisdiction to hear
and determine the subject-matter of such complaint as
they have to hear and determine a complaint of a contra-
vention of section two of the Railway and Canal Traffic
Act, 1864, as amended by subsequent Acts."
The following is a brief summary of the cases that have
been held to constitute a preference requiring justification
by the railway company : —
Lower charges for the same or similar services to one
trader than the company are charging to others (k).
Carrying goods of the same kind for unequal distances
at the same gross charge (/).
{h) Liverpool Com Traders* Aaan, v. Z. & N. W. By, Co., 7 B. &
Mac. 125, p. 129; (1891) 1 Q. B. 120, p. 126.
(t) See p. 9.
{k) Act of 1888 (51 & 62 Vict. c. 25), s. 27, sub-s. 1.
(?) Denahy Main Colliery Co, v. M. 8. & L, Ry, Co,, 3 N. & Mac.
426, 441 ; North Lomdale Iron Co, v. Fumesa By. Co., 64 L. T.
THB BQUALITY CLAUSE AND UNDUB PREFERRNCB. 59
A higher charge made for a shorter than for a longer
distance (m).
Where the charges for the longer distance, though
actuallj more, are not so to an amount to cover the
cost of the extra service (n). It is, however, reason-
able to charge a less rate per mile for a long than a
short distance (e>), and where the greatest profit to the
company arises from the long distance rate it seems
that the onus of proving an undue preference is shifted
on to those impeaching the rate (p).
The refusal to allow a trader to use an existing private
siding while the same facility is allowed to other
traders (q).
The performance of services (such as cartage) gratui-
tously for certain traders, while the company charge
for them when rendered to others (r).
Allowing rebates in respect of loading, unloading, and
haulage t6 brewers, whilst a similar allowance is not
made to other traders, timber merchants (s).
Allowing rebate to trader who has constructed a siding
for his own traffic, but for which rebate the railway
company receive no quid pro quo {t).
N. S. 122; Skinningrovt Iron Co. v. N, E, By. Co., 6 B. & Mac.
244.
(m) Broughton <fe Pla$ Power Coal Co, v. G. W. By. Co,, 4 B. &
Mac. 191.
{n) Budd V. L. & N, W, By, Co,, 36 L. T. N. S. 802 ; 25 W. B.
752; Liverpool Corn Asm, v. L, iSb N, W. By, Co,, (1891) 1 Q. B.
130.
(o) North Lonsdale Iron Co, v. Furness By, Co,, 64 L. T. N. S.
122; Broughton A Flos Power Coal Co, v. G, W, By, Co,, 4 B. &
Mac. 191 ; Denaby Main Colliery Co, v. M, S, & L, By, Co,, 4 B. ft
Mac. 28.
(jP) Banwme v. Eastern Counties By, Co,, 8 0. B. N. S. 709; 1 N.
A Mac. 155; Bichardson v. Mid. By, Co,, 4 B. ft Mac. 1.
{q) Beeston Brewery Co, v. Mid, By, Co,, 5 B. & Mac. 53, 60.
(r) Ever shed v. L, & N, W, By, <Jo,, 3 App. Oas. 1029; Thompson
v. L, & N. W, By, Co,, 2 N. & Mac. 115.
(«) Bell V. Mid. By, Co,, 2 N. & Mac. 185.
(t) Fickenng Phipps v. L. <fe N, W. By, Co,, 8 Times L. E. 419.
60 CARRIAGE OF MERCHANDISE BY RAILWAY.
Where a company charge cartage rates and refuse to
allow a rebate to a trader who does his cartage him-
self (^).
DrSerent and unequal treatment of the same classes of
traders at different towns (t/), and higher rates for
grain to one town than another (v).
A rebate in respect of terminal services allowed at one
town and not allowed at another, the services not
being performed by the company in either case (x).
Where a company have not adhered to their published
tariff, but made unfair variations from it in their
. charges to different traders (y).
Where two different articles compete with each other in
the same market, a considerable difference in the rates
of carriage amounts to an undue preference (2).
Whether a company who possess land near their station
commit an undue preference by granting a monopoly
of it to a particular trader appears to have been
thought doubtful (a), but it is submitted that it would
not be an undue preference with which the Court
could deal {b).
A lower charge for goods consigned or to be delivered
through the railway company's agents than for those
consigned or to be delivered through a private
carrier (c).
{t) Colman v. G. E, By, Co,, 8 Eep. By. CJom. 8.
(u) Richardson v. Mid, By, Co,, 4 B. & Mac. 1 ; Ransome v.
Easter Counties By, Co,, 1 N. & Mac. 63; 1 C. B. N. S. 437,
(u) Girardot, Flinn & Co. v. Mid. By, Co., 4 B. & Mac. 291 ;
Newry Town Commissioners v. G. N, By. Co., 7 B. & Mac. 184.
(a;) Thorpe v. Mid. By. Co., 11 Bep. By. Com. 1.
(y) Foreman v. G. E. By. Co., 2 N. & Mac. 202.
(z) Nitshill & LesmaJiagow Coal Co, v. Cal. By. Co., 2 N. ft Mac.
39 ; and cf, Aberdeen Commercial Co, v. G, North of ScoUand By,
Co., 3 N. & Mao. 205.
(a) WetA V. L. & N. W. By. Co., L. B. 5 0. P. 622.
\h) See Locke v. N. E. By. Co., 3 N. & Mac. 44.
(c) F(yrd v. L, & 8, W. By. Co., 7 B. & Mac. Ill ; 63 L. T. N. S.
THE EQUALITY CLAUSE AND UNDUE PREFERENCE. 61
For a company so to manipulate its rates as to give
itself a preference as a carrier by road over private
carriers (d).
'By refusing to deliver goods according to instructions
to a private carrier at the company's terminus. It
has been decided in England and Ireland that a rail-
way company is bound by general instructions to
deliver goods properly consigned to a private carrier
at its terminus {e). In Scotland, on the other hand,
it has been held that a railway company is only
bound to deliver specified goods to a private carrier,
so that the instructions have to be given with or
notified on each consignment (/). The Scotch cases
on this point are not reconcilable with those decided
in England and Ireland, and until the question has
been carried higher it is presumed that the Commis-
sion Court will be boimd by the decision of the Courts
of the country in which they happen to be sitting {g).
If a company require persons bringing goods to them to
sign certain conditions, but permit their agents to
receive goods for conveyance without requiring the
consignors to sign the conditions {h).
Where a company charge cartage rates and refuse to
allow a rebate in cases where they do not perform the
cartage (t).
841 ; Baxendale v. North Devrn By. Co., 3 C. B. N. S. 324; 1 N. &
Mac. 18U.
(d) Baxendale v. O. W. By. Co. {Beading Case), 6 C. B. N. S. 336.
(c) In re Parkiimm and Q. W. By. Co., L. E. 6 C. P. 554 ; FUh-
houme V. O. 8. & W. By. Co. [Ireland), 2 N. & Mac. 224 ; and of.
Ford V. L. it S. W. By. Co., 63 L. T. N. S. 841 ; 7 B. & Mac. 111.
(/) Wannan v. Scottish Central By. Co., 1 N. & Mac. 237 ; Pick-
ford V. Cal. By. Co., 1 N. & Mac. 252; Menzies v. Cal. By. Co., 5
B. & Mac. 306.
{g) See Menzies v. Cal, By. Co., vhi svpra; and Mac/arlane v. N,
B. By. Co., 4 B. & Mac. 206.
(A) Baxendale v. Bristol & Ex. By. Co., 1 N. & Mac. 229; 11 C.
B. N. S 787.
(0 Qa/rUm, v. BriOol <fe Eqi>. By. Co., 1 N. & Mao. 218; 6 0. B. N.
62 CAREIAGB OF MERCHANDISE BV RAILWAY.
And where a rebate is allowed by the railway company
ofi the gross cartage rate in respect of cartage not
''performed by the company, it nmst not be less than
the cost of cartage (k) ; but the Court will not go into
the cost of cartage unless a preference be shown to
exist (/).
The fixing an arbitrary limit to a rate either in weight
or size of packages may, when it operates prejudi-
cially to a certain class of traders, become an undue
preference (w).
Where a company possesses two or more alternative
routes between two points, it is an undue preference
to prefer one to the other by unduly reducing the
rates by the one they prefer, as compared with those
by the other or others (n).
— ^by making a great difference in the accommodation
by the different routes (o).
— by subjecting the traffic on any routes it does not
prefer to disadvantage and delay {p).
But if the company are carrying traffic by the most
convenient of two routes, and a change of route would
have no effect on the rate, they will not be compelled
to carry by an alternative, and less convenient route (^).
S. 639 ; Baxendale v. G. W. Ry. Co,, 14 0. B. N. S. 1 ; Colman v.
G. E, Ry, Co,, 8 Eep. Ey. Com. 8.
(Aj) Ooddard v. L. cfc 5. W. Ry. Co,, 1 N. & Mac. 308 ; Memies v.
Cal. Ry, Co,, 5 B. & Mac. 306.
(1) Robertson v. O, 8, dh W, Ry, Co., 2 N. & Mac. 374; Robertson
V. M. G. W, Ry, Co,, 2 N. & Mac. 409.
(m) Woodyer v. G, E, Ry, Co,, 2 N, & Mao. 102 ; Richardson v.
Mid, Ry, Co,, 4 B. & Mac. 1.
(n) City of Dublin Steam Packet Co, v. L, & N. W. Ry. Co., 4 B.
& Mac. 10; Ayr Harbour Trustees v. Glasgow & 8. W. Ry. Co,, 4 B.
&Mac. 90.
(o) Ayrshire <fe Wigtonshire Ry. Co, v. Glasgow <fe 8. W. Ry. Co.,
14 Eep. Ey. CJom. 29.
(2>) Londonderry Harbour Commissioners v. G. N. Ry. Co., 5 B. &
Mac. 282.
{q) Donald v. N. E. Ry, Co., 6 B. & Mac. 53.
( 63 )
CHAPTER V.
THROUGH RATES AND THROUGH ROUTES.
The third part of the 2nd seotlon of the Traffic Act of
1864 provides : — " And every railway company and canal
company and railway and canal company having or
working railways or canals which form part of a continuous
line of railway or canal or railway and canal communica*
tion, or which have the terminus, station, or wharf of the
one near (a) the terminus, station, or wharf of the other,
shall afford all due and reasonable facilities for receiving
and forwarding all the traffic arriving by one of such
railways or canals by the other without any unreasonable
delay, and without any such preference or advantage, or
prejudice or disadvantage as aforesaid, and so that no
obstruction may be offered to the public desirous of using
such railways or canals, or railways and canals as a con-
tinuous line of communication, and so that all reasonable
accommodation may, by means of the railways and canals
of the several companies, be at all times afforded to the
public in that behalf."
The Act of 1873, by a section (J) now repealed, gave the
Eailway Commissioners power to sanction a through rate
upon the application of any railway company party to the
same. This power has now been extended and the power
of proposing a through rate or through route has now
been conferred on any person interested in the traffic in
respect of which it is proposed as well as on the railway
companies. Sect. 25 of the Act of 1888, after reciting the
(a) /. e.y not more than one mile apart : 17 & 18 Yict. c. 31, s. 1.
{h) 36 & 37 Yict. 0. 46, s. 12, repealed 51 & 52 Yict. c. 25, s. 59.
04 CARRIAGE OF MERCHANDISE BT RAILWAY.
2nd section of the Act of 1854 and that it was desirable
to explain and amend the same, proceeds aa follows : —
61 & 62 Viot. ^^ Subject as hereinafter mentioned, the said facilities to
°' ' ** * be so afforded are hereby declared to and shall include the
due and reasonable receiving, forwarding, and deHvering
by every railway company and canal company and rail-
way and canal conipany, at the request of any other such
company, of through traffic to and from the railway or
canal of any other such company at through rates, tolls,
or fares (in this Act referred to as through rates) ; and
also the due and reasonable receiving, forwarding, and
delivering by every railway company and canal company
and railway and canal company, at the request of any
person interested in through traffic, of such traffic at
through rates : Provided that no application shall be
made to the Commissioners by such person until he has
made a complaint to the Board of Trade under the pro-
visions of this Act as to complaints to the Board of Trade
of unreasonable charges, and the Board of Trade have
heard the complaint in the manner herein provided.
" Provided as follows : —
" (1.) The company or person requiring the traffic to be
forwarded shall give written notice of the proposed
through rate to each forwarding company, stating
both its amount and the route by which the traffic
is proposed to be forwarded ; and when a company
gives such notice it shall also state the apportion-
ment of the through rate. The proposed through
rate may be per truck or per ton :
" (2.) Eeush forwarding company shall, within ten days,
or such longer period as the Commissioners may
from time to time by general order prescribe, after
the receipt of such notice, by written notice inform
the company or persons requiring the traffic to be
forwarded, whether they agree to the rate and
route ; and if they object to either, the grounds of
the objection :
ti
THROUGH RATES AND THROUGH ROUTES. i)5
" (3.) If at the expiration of the prescribed period no
such objection has been sent by any forwarding oom-
pany, the rate shall come into operation at such
expiration :
** (4.) If an objection to the rate or route has been sent
within the prescribed period, the matter shall be
referred to the Commissioners for their decision :
" (5.) If an objection be made to the granting of the
rate or to the route, the Commissioners shall con-
sider whether the granting of a rate is a due and
reasonable facility in the interest of the public^
and whether, having regsurd to the circumstances,
the route proposed is a reasonable route, and shall
allow or refuse the rate accordingly, or fix such
other rate as may seem to the Commissioners just
and reasonable :
(6.) Where, upon the application of a person requiring
traffic to be forwarded, a through rate is agreed to
by the forwarding companies, or is made by order
of the Commissioners, the apportionment of such
through rate, if not agreed upon between the
forwarding companies, shall be determined by the
Commissioners :
(7.) If the objection be only to the apportionment of
the rate, the rate shall come into operation at the
expiration of the prescribed period, but the decision
of the Commissioners as to its apportionment shall
be retrospective ; in any other case the operation of
the rate shall be suspended until the decision is
given :
" (8.) The Commissioners, in apportioning the through
rate, shall take into consideration all the circum-
stances of the case, including any special expense
incurred in respect of the construction, maintenance,
or working of the route, or any part of the route,
as well as any special charges which any company
may have been entitled to make in respect thereof.
D. F
«
66 CARRIAGE OF MERCHANDISE BT RAILWAY.
^' (9.) It shall not be lawful for the Commissioners in
any case to compel any company to accept lower
mileage rates than the mileage rates which such
company may for the time being legally be charging
for like traffic carried by a like mode of transit on
any other line of communication between the same
points of departure and arrival of the through
route.
" Where a railway company or canal company use, main-
tain, or work, or are party to an arrangement for using,
maintaining; or working steam vessels for the purpose of
carrying on a communication between any towns or ports,
the provisions of this section shall extend to such steam
vessels and to the traffic carried thereby.
" When any company, upon written notice being given as
aforesaid, refuses or neglects without reason to agree to the
proposed through rates, or to the route, or to the appor-
tionment, the Commissioners, if an order is made by them
upon an application for through rates, may order the
respondent company or companies to pay such costs to the
applicants as they think fit."
Sect 26 of the same Act provides : —
^^ Subject to the provisions in the last preceding section
contained, the Commissioners shall have full power to
decide that any proposed through rate is just and reason-
able, notwithstanding that a less amount may be allotted
to any forwarding company out of such through rate than
the maximum rate such company is entitled to charge, and
to allow and apportion such through rate accordingly."
Podtion of Under the Act of 1854 a trader had a right to select
trader. what company he pleased to deliver his traffic to, and to
require, without any second booking or second payment,
that the traffic should be delivered at the station to which
he desired that it should be sent, provided that he tendered
his traffic to the company at a station where there were
proper facilities for receiving it, that he named as the
delivery station a station where there were proper
THROtTOH RATES AND THROUGH ROUTES. 67
facilities for delivering it, and that there was a continuous
route (no matter through how many companies' hands the
traffic had to pass) connecting the two stations. But
under that Act the sum which the trader would have had
to pay for the transit of his traffic would have been ascer-
tained by adding together the local rates of the yarious
companies over whose line it passed (6).
This facility was entirely independent of the reasonable-
ness of the route or the rate : the trader had the absolute
right to require any number of companies in Great
Britain to combine to form a continuous route by which
his traffic might be sent at a single booking and a single
payment (c).
Under the Traffic Act of 1888 (rf), the trader has been Effect of Act
given the additional facility of through rates, i.e., rates for °* ^^^^'
the carriage of through traffic estimated in a somewhat
different manner, usually more favourable to the trader.
It is important, therefore, to consider (i) who may apply
for a through rate ; (ii) the conditions on which a through
late will be granted; (iii) how it is to be apportioned
between the companies interested in it; and (iv) the
extension of the jurisdiction to traffic by sea.
(i.) The Proposal of a Through JRate.
The facilities given by the Act of 1854 are to include
the receiving, forwarding, and delivering by every railway
company and canal company, at the request of any other
such company, of through traffic at through rates (e).
(b) G. W. By. Co, v. Severn <fe Wye By. Co., 6 B. & Mac. 170,
188.
(c) lUd.
{d) Sects. 25 and 26, above mentioned. These sections are a re-
enactment and extension of sects. 11 and 12 of the Act of 1873,
wbicli only permitted a railway comx>any party to the through rate
to apply.
(e) Act of 1888, s. 25.
p2
G8 CARRIAGE OP MERCHANDISE BY RAILWAY.
Railway Perhaps the strongest case in favour of a through rate is
companies. jj^q^^q when the company which has collected the traffic
applies for it, that is to say, the receiving company (/).
The terminal or delivering company may of course also
apply, hut companies whose lines are situate at the end of
the proposed route are not the only companies who may
apply, but a company owning an intermediate portion of
the route may also apply for through rates (g).
Moreover, a railway company whose line is worked by
another company, though it possess no rolling stock of its
own, may also apply {h) ; and the fact that a company's
interest in obtaining the through rate is comparatively
small, is no impediment to its proposing a through rat.e(t).
Where, however, a railway company has altogether given
over to another company the power of fixing its own rates,
it will not be allowed to propose a through rate itself {k),
until the company to whom it has given the power of
fixing its rates has refused or neglected to propose a
through rate (/).
Where a railway company desire to propose a through
rate, it may do so by giving a written notice to each for-
warding company specifying the rate proposed, the route
to be adopted, and the manner in which it is proposed
that the rate should be apportioned between the various
forwarding companies, and it would also be well to
(/) G. W. Ry. Co. V. Severn & Wye By. Co., 5 B. & Mac. 182.
{g) Central Wales <fc Carmarthen Junction By. Co. y. Q. W. By.
Co., 4 B. & Mac. 110; 10 Q. B. D. 231 ; Greenock iSb Wemyss Bay By.
Co. V. Caledonian By. Co., 3 N. & Mac. 146 ; 6 Ct. Sees. Cas., 4tii
series, 1000.
{h) G. W. By. Co. v. Central Walea By. Co., 10 Q. B. D. 231 ; 4
B. & Mac. 110; Greenock & Wemysa Bay By. Co. y. Caledonian By.
Co., 6 Ct. Sees. Cas. 4tli series, 1000 ; 3 N. & Mac. 145.
(») Severn & Wye By. Co. v. G. W. By. Co., 5 B. & Mac. 156.
(A;) Central Wales, &c. Co. y. G. W. By. Co., 2 N. & Mac. 191.
(0 CenJl/ral Wales, dhc. Co. v. L. & N. W. By. Co., 4 B. & Mac.
101.
THROUGH RATES AND THROUGH ROUTES. 69
state the class of traffic in respect of which the rate is
proposed.
The facility of a through rate is also to be given '^ at Traders,
the request of any person interested in through traffic,"
hut, before applying to the Railway and Canal Commis-
sion for a through rate, such person must previously have
made a complaint to the Board of Trade, under sect. 31 of
the Act of 1888 {m), that the railway company is subject-
ing him to an unfair or unreasonable rate of charge, or in
some other respect treating him in an imreasonable or
oppressive manner. It is to be observed that the person
who is allowed to make a oomplaint to the Board of Trade
tmder sect. 31 is to be a person ^* receiving, sending, or
desiring to send goods by railway." It would seem,
therefore, that the wide expression "person interested "(n)
in through traffic, is to some extent cut down by this
section, and that, in order to be able to propose a through
rate, a trader must be interested in through traffic in the
sense of receiving, sending, or desiring to send traffic at
through rates.
The question arises whether one of the local authorities Local aa-
who are given power to make a complaint to the Railway °"*^'
and Canal Commission (o), have power to propose a through
rate under sect. 25. These authorities are specially given
power under sect. 31 to complain to the Board of Trade in
any case in which they or any traders in their district are
being charged unfair or unreasonable rates, but they are
not expressly referred to in sect. 25. The question has
not been determined, and until then must remain doubt-
ful ; but under the Act of 1873 it was held that a harbour
board could not apply (p). Probably, however, if the local
(m) See p. 64.
(n) See the interpretatioii put upon these words in sect. 14 of the
Act of 1873, p. 87.
(o) Act of 1888 (61 & 62 Vict. c. 25), s. 7.
(p) See Ayr Harbour Trtutees v. Glaagow <fc S. PT. By, Co,^ 4 B.
& Mac. 81.
70
Course to be
pursued by-
trader.
CARRIAGE OF MERCHANDISE BY RAILWAY.
authority was in the habit of consigning or receiving
through traffic itself, it would come within the meaning of
the expression " person interested."
The course which a trader desiring a through rate should
adopt, therefore, is as follows : — He should first apply to
the railway company to whom he delivers his traffic, and
if the through rate be refused him, or if it be fixed unduly
high, he should then complain to the Board of Trade under
sect. 31 of the Act of 1888. If this should fail, or if the
Board of Trade are unable to induce the railway company
to accept a reasonable through rate, the trader may then
himself propose what he considers a reasonable through
rate by giving a written notice to each forwarding com-
pany, stating the amount of the rate, and the route
proposed, and also, probably, the class of traffic in respect
of which the rate is proposed.
(1) Amount
of rate.
(ii.) The Conditions on which a Through Bate will be granted.
In order that a proposed through rate may be granted,
it must be shown to be a due and reasonable facility, and
in determining whether it is so or not there are four
points to be considered : (1) the amount of the proposed
rate ; (2) the route ; (3) agreements between companies ;
(4) whether it is a facility which ought to be granted in
the interests of the public consistently with a due regard
for the interests of the companies.
On the proposal of a through rate, if an objection to the
rate or route has been sent within the prescribed period
(ten days), the matter is to be referred to the Commissioners
for their decision (q).
The RaQway and Canal Commission have power to
sanction a through rate, notwithstanding that a less amount
may be allotted to any forwarding company, out of such
{q) Act of 1888 (51 & 52 Vict. c. 25), s. 25, efub-s. 4.
THROUGH RATES AND THROUGH ROUTES. 71
through rate, than the maximum rate suoh oompanj is
entitled to oharge " (r) ; hut thej cannot compel any
company to accept lower mileage rates than the mileage
rates which such company may for the time being legally
be charging for like traffic carried by a like mode of
transit on any other line of communication between the
same points, being the points of departure and arrival of
the through route («). This alternate line of communi-
cation may be an independent one (t) ; but the mileage
rates by it which are made the criterion of the rates the
company can be compelled to accept must be mileage rates
for a line haying the same termini as the through route,
and must be charged in respect of traffic travelling over
it for its whole length, the words '^between the same
points " referring as much to the traffic carried as to the
line of communication (u).
There is no primd facie case for specially low charges, Onus on
but the onus is upon the applicant for compulsory rates to •PP^°*°*-
justify a requirement that a company affected should carry
for less than it would otherwise receive (r).
In a case under the Act of 1873, however, where a OompetitiTe
through rate had been reduced by competition, the Com- '**®'
missioners refused to allow the rate to be increased on the
removal of the competition without some reason being
shown by the railway company for doing so (x),
A through toll may be granted without annexing to it Through rate
a through rate, or vice versd (y) ; and a rate may be granted *°^
(r) Ihid. 8. 26.
(«) Ihid, B. 25, 8ub-s. 9.
{t) Warwick A Birmingham Canal Navigation Co, v. Birmingham
Canal Co,, 3 N. & Mac. 113.
(tt) Ihid,
(v) Belfast Central By, Co. v. G, N, By, Co., 4 B. & Mac, 169.
(flc) G. N, Ir. By, Co. v. Belfast Central By, Co,, 3 N. & Mac.
411.
(y) Wanvick & Birmingham Canal Co, v. Birmingham Canal Co.,
3 N. & Mac. 113.
72 CARRIAGE OF MERCHANDISE BT RAILWAY.
for traffic in owners' wagons, though there is already a
through rate for traffic in company's wagons (z).
I*owerto alter Formerly, when a through rate was proposed, the Com-
' missioners might allow or reject it, but had no power to
order any through rate of a different amount (a). The
Act of 1888, however, has given them express power to
allow or refuse the proposed rate, or fix such other rate as
may seem to them just and reasonable {b).
(2) Bonte. The second condition of a compulsory through rate is
that the route to which it is applicable must be reason-
able (c). At the same time, a route, to be a reasonable
route, need not be the best route ; it will be considered a
reasonable route if it is as good as any other route ; and
if, although there may be quicker and cheaper routes, it is
capable of maintaining competition with them, and efficient
enough to be likely to be preferred for some portion of the
traffic (d). And a route is not necessarily unreasonable
because only a small quantity of traffic would be likely to
pass along it, if the through rate would assist the develop-
ment of the traffic, and enable the route to compete with
other lines (e).
The method in which the traffic is likely to be worked
has also an important bearing on the reasonableness of a
proposed through route. But a route which would be
reasonable if worked by one company, does not become
unreasonable merely because it would be worked by two or
more companies (/). Nor is it a fatal objection to a pro*
(«) Newry df Armagh By. Co. v. G. N, Ir. By, Co., 3 N. & Mao. 28.
(a) Belfast Central By. Co. v. G. N. Ir. By. Co. (No. 3), 4 B. &
Mao. 159.
{h) Sect. 25, Bub-8. 5.
(c) Act of 1888 (51 & 52 Vict. o. 25), s. 25, sub-s. 5.
{d) G. W. By. Co y. Severn & Wye By. Co., 5 B. & Mac. 170.
(e) Central Wales, &c. By. Co. y. L. db N. W. By, Co. and G. W.
By. Co., 4B. &Mac. 211.
(/) Swindon A Marlborough By, Co. v. G. W. By. Co., 4 B. &
Mac. 349.
THROUGH RATES AND THROUGH ROUTES. 73
posed route that, though shorter than a competitve route,
traffic proceeding by it would have to be set down at a
junction on the proposed route, to wait and be picked up
by a train that had started from the point of departure
and proceeded to the junction by the more circuitous
competitive route (g).
At the same time, traffic will not be forced upon a
company which they have to carry at a disadvantage, as
where the company conveying the traffic in respect of
which the rate was proposed would have to carry it over a
considerable portion of the line of another company, over
which they had running powers, subject to the terms of
paying all receipts, except a margin for working expenses,
to the company owning and working the line, and who
were well able to accommodate the traffic {h). But where
the proposed route is shorter than one already exiBting,
although it is in accordance with railway practice to hand
over traffic to the company that is to deliver it at the
nearest convenient station, the route will not be held
unreasonable merely because by it the traffic will be
handed to the deUvering company shortly before its arrival
at its destination (f). The fact that the railway forming
the proposed route has been constructed for other purposes
than through traffic will not prevent a through rate being
granted (A-).
It seems that although a through rate may be otherwise (3) Agree-
unobjectionable, the existence of agreements between rail- "*«»*••
way companies, into which they have been authorised to enter y
may prevent a through rate being granted. This refers
only (a) to so-called statutory agreements, and (b) to
agreements which have been confirmed by the Board of
(g) Central Wdtei, Ac, By. Co. v. L. <fe N. W. Ry. Co., and G. W.
By. Co., 4 B. & Mac. 211.
(A) Severn & Wye By. Co. v. G. W. By. Co., 6 B. & Mac. 166 ; and
see Donald v. N. E, By. Co., 6 B. & Mac. 63.
(i) Caledonian By. Co. v. North British By. Co., 3 N. & Mac. 403.
(*) rbid.
74 CABRIAGE OF MEKCHANDI8B BY RAILWAY.
Trade or by the Eailwaj and Canal Commission under
sect. 10 of the Act of 1873; for it is expressly enacted that
nothing in any agreement which does not come under one
of these two heads is to prevent the Commissioners from
making or enforcing any order with respect to facilities (/) ;
nor, apparently, does this apply to canals (m).
So where companies have entered into agreements which
are within their power to make, the Commissioners have
no power (nor would they exercise it if they possessed it)
to interfere with any rights acquired under such agree-
ments (n). And companies acting within such agreements
will not be deemed to have contravened the Traffic Acts
though they send traffic by the more circuitous of two
routes (o).
Agroementi Such agreements, however, when they limit competition,
struedstrictlj. ^^^ ^ strictly construed (jc), and the existence of an
agreement between two companies will not prevent a
through rate being granted over the line of one of them at
the instance of a third company (q).
On a similar principle to that above mentioned with
regard to agreements, through rates will not be granted if
they interfere with statutory rights ; and so where a canal
company was restrained by statute from altering its rates
without the consent of a railway company, it was held that
there was no power to grant a through rate by the canal
without the railway company's consent (r).
(Q Act of 1888 (51 & 52 Vict, a 25), s. 11.
(m) Ihid. 8. 37.
(n) Met. But. By. Co. v. Met. By. Co., 5 B. & Mac. 126 ; North
Monkland By. Co. v. North Brvtish By. Co., 3 N. & Mac. 282.
(o) Central Wales, dfc By. Co. v. L. Sa N. W. By. Co., 4 B. &
Mac. 101.
(jp) Midi. By. Co. v. Q. W. By. Co., 2 N. & Mao. 88.
Iq) Central Wales, dfc. By. Co. v. O. W. By. Co., 4 B. & Mao. 110.
(r) Wanvick & Birmingham Canal Co. v. Birmingham Canal Co.,
5 Ex. D. 1 ; 3 N. & Mac. 324.
THROUGH BATES AND THBOUGH BOUTES. 76
(iii.) Apportionment of Through Rate.
Where a through rate proposed by a trader is agreed to
by the forwarding companies, but the apportionment of it
is disputed («), or if the objection be only to the apportion-
ment (^), the rate comes into force, and the Railway and
Canal Commission have to decide the apportionment, which
is retrospective.
The statute enacts that in apportioning the through rate
the Court is to consider ^^ all the circumstances of the case,
including any special expense incurred in the construction,
maintenance or working of the route or any part of the
route, as well as any special charges which any company
may have been entitled to make in respect thereof " (t^) ;
and it must also be remembered that a company cannot be
compelled to accept lower mileage rates than it is charging
by another route between the same points (r). Where
two routes exist, however, by one of which a company
carries a long and by the other a short distance, the
company cannot expect to receive the same gro%% amount
as its proportion in respect of the short distance as it
receives out of the rate for the route on which it carries
the longer distance (x).
The general rule for apportioning a through rate is to General rule,
make to each of the companies owning the stations at
either end of the route an allowance for terminals, and to
divide the remaiuder among the companies parties to the
route according to mileage (y). Short distance clauses,
however, may be taken into consideration where the
(«} Act of 1888 (51 & 62 Yict. c. 25), s. 25, sub-s. 6.
(<) Ibid. Bub-s. 7.
(tt) Ibid, sub-s. 8.
(v) Ibid, sub-s. 9.
\x) East <fc West Junction Ry. Co. v. G. W. By. Co., 2 N. & Mac.
147.
(y) Torbay & Brixham By. Co. y. 8. Devon By. Co., 2 N. & Mac.
391 ; Severn A Wye By. Co. y. G. W. By. Co., 5 B. & Mac. 156.
76 CARRIAGE OF MERCHANDISE BY RAILWAY.
mileage of any one company is within them (s). And if
no station exists at the point of junction of two lines where
traffic can be transferred, the company may carry the
traffic to the nearest station for the purpose of transfer-
ence, and add the double distance thus run over to its
mileage {a).
Whether the allowance for terminals is to be the same
as that charged to the public, or whether some allowance
is to be made when no terminals are charged to the public,
would seem to depend on the circumstances of the case (b).
Special cir- Where special circumstances exist to induce the Court
OUlTlfif«fl.Tl AAA
to give a railway company a larger proportion out of the
through rate than it would take under the above general
rule, the Court may either apportion to the company a
fixed amount out of the gross rate {c), or allow it to add
some number of miles to its actual mileage (d).
(iv.) Traffic by Sea.
Through rates Through rates for traffic are not confined to traffic by
by steamahip. , , « , ., ,
land, tor where a railway company or canal company use,
maintain, or work, or are party to an arrangement for
using, maintaining, or working steam vessels for the
purpose of carrying on a communication between any
towns or ports, the provisions of the Act as to through
rates are to apply to such steam vessels and to the traffic
carried thereby (e). This is a re-enactment of the same
clause which was contained in sect. 12 of the Act of
(z) TaUy-Llyn Ry. Co, v. Cambrian By. Co., 5 B. & Mac. 122.
(a) Central Wales By, Co. v. L. <Sk N, W. By. Co., 4 B. & Mao.
101 ; Salisbury & Dorset By. Co. v. L. & S. W. By. Co., 3 N. & Mac.
314 ; Buckfastleigh By. Co. v. S. Devon By. Co., 1 N. & Mao. 321.
(6) Longton, Adderley Oreen <fc BuckneU By. Co. v. N. Stafford.
By. Co., 8th Rep. By. Commrs. 41 ; Lloyd v. Northampton & Ban-
bury By. Co., 3 N. & Mac. 259.
(c) Warwick <fe Birmingham Canal Co. v. Birmingham Canal Co.,
3N. &Mac. 113.
{d) Solway Junction By. Co. v. MaryportBy. Co., 3 N. & Mac. 264.
(e) Act of 1888 (51 & 62 Vict. c. 26), s. 26.
THROUGH RATES AND THROUGH ROUTES. 77
1873 (/), and under that clause the following questions
have been decided : —
In order to constitute an arrangement for using, main- The *<ar-
taining, or working steam vessels, there must be an agree- '*"»®°*®"^*-
ment of some sort which is binding on both the steamship
owners and the railway or canal company {g)y and it must
be definite; and if so loosely drawn that it is uncertain
whether it be binding or not, the agreement will give no
rights under this section (A). If, however, there be a sub-
stantial agreement, it is not material that one of the
parties to it is disputing its terms (i). Moreover, the
agreement may be a temporary one, but in that case the
through rates can only be granted so as to be in force
during the continuance of the agreement (A:). An arrange-
ment for the through booking of traffic, however, is not an
agreement under which the railway company can be said
to " use " the steam vessels (/).
The clause takes effect whenever there is an arrange- Who may
ment with the steamship proprietors for the conveyance of ^^^^^'
traffic to or from any port or town with which there is
railway communication, provided the railway company,
party to the arrangement, owns, works, or is otherwise
immediately interested in some portion or other of the
line of railway communication. In such cases the steam
vessels become, for the purposes of "through rate" faci-
lities, or the like, a railway, and their owners a railway
company ; and the sea route and railway route together
(/) 36 & 37 Vict. c. 48.
(g) Ayr Harbour Trustees v. Glasgow df 8. W. By, Co,, 4 B. &
Mac. 81.
(A) Caledonian By, Co, v. Oreenock cfc Wemyss Bay By. Co,, 4 B. &
Mac. 70.
(0 Ibid,
{k) Belfast Central By. Co, v. G, N. Ir. By. Co. (No. 4), 4 B. &
Mac. 379.
(/) Ayr Harbour Trustees v. Glasgow cfe 8, W, By. Co,, 4 B. &
Mac. 81 ; and of. Newry Nav, Co. v. G. N. By, Co,, 7 B. & Mao.
176.
78 CARRIAGE OF MERCHANDISE BT RAILWAY.
fonn one oontinuous line; but, as regards the land portion,
the particnlar railway at the port of shipment is in no
exceptional position, and may be unaffected by the agree-
ment, unless and until through rates are imposed upon it,
in conjunction with other companies, by an order made by
the Ecdlway Commissioners under their Acts (m).
From the case last referred to, it would secim that where
a binding agreement exists between a railway company and
a steamship company, either the steamship company, party
to the agreement, or the railway company, or any other
railway company on the through route, may apply for a
through rate. And, of course, a trader might also do so if
" interested in the through traffic," provided he has taken
the preliminary steps required of him by the Act (n).
But it seems that a rival steamship company, who are not
parties to a through traffic arrangement with a railway
company, have no locus standi to apply for a through rate
on the ground of the existence of a through traffic arrange-
ment between another steamship company and a railway
company (o).
(m) Caledonian By, Co. v. Oreenock & Wemyss Bay By, Co,, 4 B.
& Mac. 135.
(n) See p. 64.
(o) Southsea & Isle of Wight Steam Ferry Co. v. X. & 8. W. By.
Co, J 2 N. & Mac. 341 ; and of. Napier v. Olaagow & 8. W, By, Co,,
1 N. & Mac. 292.
( 79 )
CHAPTEE VI.
BATES AND CHARGES AND THE DIVISION OF BATES.
The Bailway and Canal Commission have been given
express jurisdiction over tolls, rates, and charges.
Sect. 10 of the Act of 1888 provides, " Where any ques- Juriadiction
tion or dispute arises, involving the legality of any toll, ^Yratoe.
rate, or charge, or portion of a toll, rate, or charge, charged
or sought to be charged for merchandize traffic by a com-
pany to which this part of this Act applies, the Commis-
sioners shall have jurisdiction to hear and determine the .
same, and to enforce payment of such toll, rate, or charge,
or so much thereof as the Commissioners decide to be
legal/'
In the Bailways Clauses Act of 1845 the word ''toll" is Distmotion
defined to include any rate or charge, or other payment rates^Mid^
payable under the special Act for any passenger, animal, ohargw.
carriage, goods, merchandize, articles, matters, or other P) ^**^
things conveyed on the railway. This wide meaning is
not, however, the ordinary meaning attached to the word
" toll," and even in that Act, as in sects. 93, 94, 95, and
97, the word has been cut down to a much narrower
meaning. (See pp. 84 and 97.)
The Act of 1845 treated the railway as a highway
which, upon payment of the authorized tolls, any person
was to be entitled to use with his or their own engines,
carriages, or trucks, subject only to proper regulations as
to times of departure, airival, speed, and the like to be
made by the company {a). When this course is adopted
(a) EM V. L. B. <£: 8. C. By. Co., 16 Q. B. D. 636; 6 B. &
Mac 28.
80 CARRIAGE OF MERCHANDISE JiT RAILWAY.
the payment for the use of the railway only was a toll
strictly so called. The tolls in this sense which a railway
company may charge are fixed by the special Acts of the
various companies, and are usually fixed at so much per
mile. These tolls have not been affected by the provisional
orders of the Board of Trade, which refer only to rates
and charges,
(ii) Rates and The Act of 1845, however, by sect. 86, also permitted
^^' the railway companies " to use and employ locomotive
engines or other moving power and carriages and waggons
to be drawn or propelled thereby, and to carry and convey
upon the railway all such passengers and goods as may be
offered them for that purpose, and to make such reasonable
charges in respect thereof as they may from time to time
determine upon, not exceeding the tolls by the special Act
authorized to be taken by them." The word tolls in this
section is used in the more extended sense of the definition
clause, not as a toll for the use of the highway, but
remuneration receivable by the company for the carriage
of the goods ; and the tolls by the special Act authorized
to be taken are now superseded by the maximum rates and
charges authorized by the provisional order applicable to
the railway.
These rates and charges now authorized consist for
ordinary merchandise traffic of a mileage or conveyance
rate, a charge for station terminals, where a station is used
by the traffic, and a charge for service terminals, that is,
loading, unloading, covering, and uncovering. A maximum
amount is specified under each of these heads beyond
which the company may not charge. There are also
certain other services, such as collection and delivery and
other matters in respect of which the company may make
an additional charge when rendered to a trader at his
request or for his convenience ; but to ascertain the maxi-
mum amount any company may charge, reference must be
made to the provisional order applicable to that company.
When railway companies carry in this maimer under
BATES AND CHABOSS AND THE DIVISION OF BATES. 81
sect. 86 of the Bailways dauses Act, they are oommon
oairiers, and are liable as insurers for the safety of the
goods they oany, except where specially exempted from
that liability by statute (J). They ore, however, only
bound to oarry as oommon carriers goods which they
profess to carry as such.
There is therefore a third method in which the railway (iii) GaniciB
may be used. Since the passing of the Traffic Act of 1854 omitoft^
railway companies are bound to afford reasonable facilities
for traffic, and cannot, it seems, refuse to carry traffic
except upon terms which are unreasonable. They are not,
however, necessarily common carriers of such traffic. They
may refuse to take the risks of common carriers and may
carry under special contract (c). Under sect. 105 of the
Eailways Clauses Act, 1845, a railway company cannot be
required to cany aquafortis, oil of vitriol, gunpowder,
lucifer-matches, or any other goods which, in the judg-
ment of the company, may be of a dangerous nature.
But all other goods which they do not profess to carry as
common carriers they may cany under special contract,
that^is, not as insurers. Such a special contract, however,
must be just and reasonable in its terms and signed by
the consignors of the traffic {d).
Whether the rates and charges which the railway com- Ratee where
pany may exact under such special contracts can exceed ^^^11^/.
the TmLYimnnn rates they are authorized to charge in ^^>^^-
respect of such traffic is perhaps not altogether free from
doubt. It has been decided in two cases that such rates
and charges must be within the maximum (e), and probably
in ordinary cases that is so. It is submitted, however.
(5) See as to oommon carrierB, p. 101, and exemption from
liability, p. 118.
(c) Dickson v. Q. N. By. Co., 18 a B. Div. 176, p. 184.
{d) See as to this, p. 132.
(«) Aberdeen Commercial Co, v. Great North of Scotland By, Co.,
6 Ot. Sees. Cas. 4th series, ; 3 N. & Mao. 205 ; ChaUerly Iron Co.
V. N. Staffordshire By. Co., 3 N. & Mac. 238.
D. O
82
CARRIAGE OF MERCHANDISE BY RAILWAY.
that as regards animals mentioned in sect. 7 of the Act of
1854, and goods mentioned in the Carriers Act, of which
the value exceeds that stated in those Acts, though the com-
pany should not exceed their maximum where they decline
to take the risk of insurance, yet where they insure they
may charge, in addition to their authorized maximum, a
reasonable sum for insurance (/).
Bouto. A company is not bound to carry by the shortest route.
And if at the junction of two lines there are no facilities
for dealing with goods traffic, and the usual course is to
carry the goods to a large goods station near the junction
and back for the purpose of transference, they may charge
the mileage rate for the distance actually carried (g). But
if a company possess two or more routes they must not
favour one more than another ; and if a trader choose to
consign his traffic by a particular route it must not be
subjected on that account to disadvantage or delay (A).
And if a trader consider that his traffic is not being fairly
treated by the route adopted by the railway, he is at
liberty to take the necessary steps for obtaining a through
rate (i).
Special Although a company are not entitled to charge anything
over and above the sums authorized for the carriage of
goods, yet they may, by previous agreement, make charges
for some services, conveniences, and facilities afforded by
them beyond the mere carriage of goods (k). The doctrine
of ultra vires must not be pushed too far, and if the
company allow the public to make use of conveniences in
and about their stations, though not strictly connected
(/) Of. Dickson v. 0. N, Ry. Co., 18 Q. B. Div. 176.
\g) Myers v. Z. & S. W. Ry, Co,, L. E. 6 0. P. 1 ; Central Wales
Ry, Co, V. L, & N, W, Ry, Co,, 4 B. & Mac. 101 ; Salisbury & Dorset
Ry, Co, V. L, & S, W. Ry, Co,, 3 N. & Mac. 314.
(h) Londonderry Harbour Commissioners v. G, N, Ry, Co., 5 B. &
Mac. 282 ; the alternate route must be a reasonable route : Donald
V. N. E. Ry, Co., 6 B. &. Mac. 53.
(i) See p. 69.
{k) Pegler v. Monmouthshire Ry, and Canal Co,, 30 L. J. Ex. 249.
servioeB*
RATIOS AND CHAROBS AND THE DIVISION OF RATES. 83
-with the business of a railway oompanj, they will be
allowed to make a reasonable charge for them (/).
Thus, where a railway company possessing a weighing
machine at one of their stations had put up a notice that
1^. per ton would be charged to the public for the use of
the weighing machine, they were held entitled to recover
that amount on the ground that the defendants, having
weighed their goods on the machine after knowing of the
notice, must be taken to have agreed to make the payment
mentioned therein (m).
But this right to make charges not expressly authorized ^ig^t to
by statute or the company's Acts in respect of special fo^5«dcn
services is entirely founded on agreement either express or agreenacnt.
implied. And so where a company claimed to have per-
formed special services for a trader, but had made no
agreement with him regarding them, and given him no
notice that the special service would be charged for, so as
to allow the trader the option of performing the services
himself, the railway company having charged the trader
more than they were authorized to do, were not allowed to
set off these charges for special services in an action by the
trader to recover the excessive charges paid by him {n).
When a Government duty is payable by a railway Stetutory
company on the sums charged by it, the company may ^ ^^
add the amoxmt of such duty to its authorized charge (o) ;
but where a statutory obligation is imposed upon a com-
pany to do certain acts, such as cleansing and disinfecting
oattle trucks, the performance of the obligation is not a
service rendered to an individual for which they can make
a charge {p). Such a charge, however, is in this particular
case now expressly authorised (p. 208).
(l) Price V. X. & N. W. By. Co,, 11 Q. B. D. 485.
(m) Ibid.
(«) Lane, cfe Torh. By. Co. v. Oidlow (No. 1), 42 L. J. Ex. 129 ;
and see S. C. (No. 2), L. E. 7 H. L. 617, p. 622.
(o) Brotvn v. G. W. By. Co., 9 Q. B. Div. 744.
Ip) Cox V. G. E. By. Co., L. R. 4 0. P. 181.
02
84 CARRIAGE OF MERCHANDISE BY RAILWAY.
ToUa and It may be well to mention here that sects. 93 to 95 of
m. es n . ^^^ Railways Clauses Act, 1845, requiring all tolls to be
exhibited on a board, and milestones to be set up along the
railway, and allowing the company only to charge tolls
whilst the tolls are exhibited and the milestones set up,
apply only to tolls for the use of the railway where the
railway company do not act as carriers. So that the
omission to set up a milestone will not prevent the railway
company recovering fares and charges made as carriers
which are not tolls within the meaning of these sections (q).
Bate Books and the Division of Bates.
The most important provisions with regard to rate
books and the division of rates by railway companies, are
sect. 14 of the Act of 1873 (r), which is still in force, and
sects. 33 and 34 of the Act of 1888 («).
As is well known, railway companies are accustomed to
quote rates to traders in lump sums, without apportioning
any part to particular services. Thus, whether the rate be
a rate from private siding to private siding, from station
to station, or include cartage and delivery, the trader is
in each case charged an inclusive rate, and, apart from
statute, has no means of ascertaining how much of the rate
is for conveyance, how much for terminal accommodation
or services, or how much for cartage or other services.
The Acts of 1873 and 1888 both contain provisions to
enable traders to get this information, and probably the
division of terminal accommodation, and the services of
loading, unloading, covering, &o., into different heads,
contained in the Orders the subject of this book, with a
separate maximum for each head, will tend in the same
direction. At the same time, it will be noticed hereafter
(g) Brown v. G, W, By. Co., 9 Q. B. Div. 744.
(r) 36 & 37 Vict. c. 48.
(0 61 & 62 Vict, 0. 26.
BATES AND CHAB6ES AND THE DIVISION OF BATES. 85
that some cases are still unprovided for, and that in others
raflway companies, if they comply with the letter of the
enactment, are able to avoid giving the information which
wonld be of practical value to the trader.
Sect. 14 of the Act of 1873 may conveniently be divi- 86 k 37 Vict.
ded into three heads — (a) the first orders the provision of ' ' '*
rate books at all stations ; (b) the second gives the BaQ-
way Commissioners power to order the division of the
rates in certain cases ; (c) whUe the third part provides a
penalty to which a railway company is to become liable
for non-compliance with the requirements imposed on the
company by this section.
The first two headings will require separate considera-
tion.
The first part of the section provides that " every rail- W Keepingr
way company and canal company shall keep at each of
their stations and wharves a book or books showing every
rate for the time being charged for the carriage of traffic,
other than passengers and their luggage, from that station
or wharf to any place to which they book, including any
rates charged under any special contract, and stating the
distance from that station or wharf of every station, wharf,
siding, or place to which any such rate is charged. Every
such book shall, during all reasonable hours, be open to
the inspection of any person without the payment of any
fee."
It is convenient to consider this part of the section
by itself. In the first place, the right to inspect these
books is a right given to the public by the legislature, and
anyone desiring to inspect them has a right to do so, and
he need not show that he is in any way personally inte-
rested, or that he is about to send traffic by rail {t). And
{t) WatkinsonY, Wrexhamy Mdd, <fe Connah^s Quay Ry, Co, (No. 1),
3N. & Mac. 6; Cairns v. N. E, Ry. Co., 4 B. & Mac. 221; Clonmel
Traders v. Waterford <fe Limerick Ry. Co., 4 B. & Mac. 92,
66 CARRIAGE OF MERCHANDISE BY RAILWAY.
the right to inspect seems to include the right to take
copies or extracts from the books (u).
Notwithstanding that a company failing to comply with
these requirements becomes liable to a penalty, the Rail-
way and Canal Commission have jurisdiction to entertain
a complaint of a contravention of this section (x), and will
make an order to restrain the contravention and to allow
the taking of extracts or copies of the book.
The rate books must be kept at all the company's
stations; so it has been held a contravention of this section
where a railway company kept no rate books at their local
stations, but divided all their mineral traffic into three
districts, each district having a principal station at which
rate books were kept, although they charged and booked
no mineral traffic from their local stations, but from their
principal stations only (t/).
What to The rate books are to show every rate from the station
" to any place to which they book," and this expression,
though not identical, is closely connected with the expres-
sion " to which they quote a rate " ; and so, although an
isolated instance in which a rate had been quoted and
accepted might not come within the section, yet, if goods
axe regularly accepted on definite terms for conveyance
between two places, the case will come within the sec-
tion (s). So, the books must show all rates, through rates
as well as local, even though the through rates be on the
line of another company; but they need not show the
rates from any other station than that at which the book
is kept {a) ; but in the case of a through rate the books
(u) Perkins v. L. & N, W. By* Co,, 1 N. & Mac. 327 ; and cf.
Mutter V. Eastern & Midlands Bv, Co., 38 Ch. D. 92.
(x) Perkins v. X. <fc N. W. By. Co., 1 N. & Mac. 327; Cory v.
Yarmouth & Norwich By. Co., 3 Ey. Cases, 524.
(y) Jones v. N. E. By. Co., 2N.& Mao. 208.
(z) Pelsall Coal Co. v. L. <fc N. W. By. Co., 23 Q. B, D. 536, 642.
(a) Oxlade v. N. E. By. Co., 3 N. & Mac. 35 ; Pelsall Coal Co. v.
L. & N. W. By. Co., 23 Q. B. D. 536, 547.
RATES Ain) CHARGES AND THE DIVISION OF RATES. 87
need not show how much each company gets as its pro-
portion of the through rate (J).
In addition to the actual rates, the rate books must Distanocs.
state the distances from the station of the places to which
the rates are charged, and if this be not done an injunction
will be granted ordering the railway company to do so (c).
The second part of the section (d) provides that " the 0>) Dinaion
Commissioners may from time to time, on the appUcation ""^ '^^'''
of any person interested, make orders with respect to any
particular description of traffic, requiring a railway com-
pany or canal company to distinguish in such book (e),
how much of each rate is for the conveyance of traffic on
the railway or canal, including therein tolls for the use of
the railway or canal, for the use of carriages or vessels, or
for locomotive power, and how much is for other expenses,
Bipecifying the nature and detail of such other expenses."
The first thing requiring notice in this part of the section
is ihat while the right to see the rate books under the first
port of the section is given to every member of the public,
under the second part the right to have the rate divided is
only given to any person interested. And so, on an appli-
cation to the Bailway and Canal Commission to have the
rates in a rate book divided under this section, the appli-
cant must file an affidavit showing how he is interested(/).
What, then, is it necessary for an applicant to prove so
as to bring himself within the words " any person inte-
rested" ? The person who pays the rate is not the only
person interested, but any person who makes out by proper
evidence that the rates which he seeks to have dissected
(J) WatkinaonY. Wrexham, Mold, & ConnaKa Quay By. Co. (No. 3),
3 N. & Mac. 446.
(c) Ohatterley Iron Co, v. North Staffordshire By. Co., 3 N. & Mao.
238.
{d) Sect. 14 of tlie Act of 1873 (36 & 37 Vict. c. 48).
(e) J. c, the rate book ordered to bo kept at stations by the earlier
part of the section.
(/) Bailway and Canal Commission, General Rulesj No. 9.
88 CARRIAGE OF MERCHANDISE BT RAILWAY.
are really and substantially competitive rates with his own
is a person interested within the meaning of this sec-
tion {g). And this is not the only ground on which
interest may be established; for a lady who possessed
a private station connected with the London & North
Western Railway, and who received a sum by way of
terminal in respect of certain goods there dealt with, was
considered to be interested in the division of the rates of
traffic to her private station {h).
A view somewhat larger was taken by Sir F« Peel in
the Pekall Coal Co. v, L. 8f N. W, By. Co. (t), who con-
sidered that the expression '^ interested " meant ^' however
interested," and comprehended all persons who have a
bond fide interest in knowing how the particular rates are
made up. The learned Commissioner put tiie case of
persons about to enter upon some business on premises
adjoining a station, and seeking to know all about the
rates on their particular description of traffic, and who
have made and been refused a demand for such informa-
tion ; and he considered such persons would be interested,
and have loom standi under this section, although at the
time they had had no transactions with the railway com-
pany.
It would seem, then, that the interest must be a com-
mercial interest, and not merely arising out of curiosity,
but that if the interest be bond fide and materially afEect
the appUcant, it may take various forms.
FnrpoM for But something more than mere interest must be estab-
formatioa lished. In Tomlimon v. L. 8f N. By. Co. (A), Wills, J.,
songht. gaid : « In order to succeed in obtaining an order for the
division of rates under this section, the applicant must
{g) PeUcUl Coal Co. v. X. & N. W. By. Co., 23 Q. B. D. 636, 645.
Ih) Tomlinson v. L. & N. W. By. Co., 63 L. T. (N. S.) 86 ; 7 B. &
Mac. 22.
(0 23 Q. B. D. 652.
{k) 63 L. T. (N. S.) 86; 7 B. & Mac. 33; the reports differ
Blightly.
RATES AND CHABOES AND THE DIVISION OF RATES. 89
establish two propositions — (1) that she is interested within
the meaning of the section (without which she has no hem
standi at all), and (2) that there are good grounds for
exercising in her favour a judicial discoetion. Whether
the applicant is interested is not necessarily the same
question as what are the grounds for demanding the
information. If the applicant has no reasonable cause of
oompkint to establish or remedy, or no tangible or ap-
preciable reason of self-protection to advance, the Court
will be reluctant to gratify idle curiosiiy or to encourage
mere fishing inquiries simply to enable a person to see if
he can discover anything to find fault with." The reason
for requiring the applicant to substantiate a reasonable
purpose, for which he seeks the information, appears to
be that if Parliament had meant to put railway com-
panics under any duty to give the information to all
comers, it would have said so, and instead of giving them
the protection of the interposition of the Commissioners,
would have imposed upon them the liability at once, and
would have left to the Conmiissioners merely the power
and duty of enforcing the statutory obligation (/).
When, however, it has once been established that the
applicant is interested, a very moderate degree of evidence,
showing a legitimate purpose for which the information is
sought, would in ordinary cases be sufiioient to satisfy the
Court that its discretion ought to be exercised in favour of
the application (m).
We have seen that the rate books must contain through Through
rates as well as local rates ; and similarly, as the section is ^
not confined to rates on one line only, the Conmiission
have power to order the division of rates to places on the
line of another company ; and although the definite article
is used in the section, and the division is to be made
between " conveyance upon the railway " and other ex-
- - - - - -
{J) See PeUall Coal Co. t. L. & N. W. By. Co,, 23 Q. B. D. 636 ;
7 B. & Mac. 1.
(m) lUd. p. 646.
90
CABBIAOE OF MERCHANDISE BT RAILWAY.
Extent of
jurisdiction.
Compliance
with order.
penses, " the railway " is not confined to the railway of the
sending company. If, however, on an application for the
division of a through rate being made, the company
opposing the application should satisfy the Court that
they have not the means of dividing the charge as the Act
of Parliament contemplates, they would not be ordered to
do so ; but the only result of such a state of things would
be that, under sect. 14 of the Act of 1888, tiie other
company or companies concerned in fixing the through
rate might be added as defendants to the application, and
the requisite order made after all the companies whom it
might be necessary to comprise in the order had been
heard (n).
But this jurisdiction as to the division of rates does not
apply to every rate book. The Commissioners cannot
make an order to distinguish rates in a rate book kept by
the railway company for their convenience for purposes
other than this section, and containing rates from other
stations (o) ; nor in a rate book kept at some place whi<^ is
not the company's station. And even between rate books
at the company's stations there is a distinction to be drawn.
If a rate book be a book of rates for traffic received or
delivered at a place on the railway, other than a station
within the meaning of this section (j?), it is not subject to
an order for the division of rates. It is a book kept under
sect. 34 of the Act of 1888, and the powers of the Railway
and Canal Commission to order the division of rates do
not extend to any book kept under that section (^).
It was held by the old Kailway Commissioners that an
order for the division of rates was not sufficiently complied
with by the railway company dividing their rate into two
(w) Fehall Coal Co, v. L. & N. W, Ity. Co,, 23 Q. B. D. pp. 636, 547.
(o) Oxlade v. N. E, By. Co., 3 N. & Mac. 36.
(p) 36 & 37 Vict. c. 48 (Act of 1873), s. 14.
Iq) Tomlinson v. L. & N. W. By, Co., 63 L. T. (N. S*) 86; and
of. Pelsall Coal Co, v. Z. (fe N, W. By, Co,
RATES AND CHABOES AND TUB DIVISION OF RATES. 91
parts, one part for conveyance and one part for " other ex-
penses" ; but that, as regards the '^ other expenses," the rail-
way company must state what they are and how much is
charged in respect of each service or class of services (r).
It seems that the mere fact that the total rate charged Rate within
to a trader is within the statutory mileage maximum will JJI^I^^o.*^'
not prevent an order for the division of the rate under this
section being made on the application of the trader («), but
that in such a case the company may comply with that
order by electing not to make any charge for terminals
and allocating the whole rate to conveyance (t).
And in the recent case of Tomlinson v. L, 8f N'. W, Ry, Allooating
Co, {u)y the applicant had obtained an order requiring the ^y^^^.^
particulars of certain rates to and from Preston to be
distinguished and entered in the station rate book.
The company sought to comply with this order by
tendering a statement in which they attributed their
TTfifLTinrnm mileage rate to the charge for conveyance, and
the suzplus to the items constituting the terminal charge.
As a result of this prooefls, the whole amount of some rates,
which included coUeotion and delivery, were allotted to
conveyance, leaving nothing as the charge for cartage,
whilst in other cases the charge per ton for the use of
Preston station varied from Qd. to 1«. on the same article
when forwarded from different stations. The applicant
thereupon contended that such a statement was no com-
pliance with the order, but the Court held that the railway
company had obeyed the order and distinguished the rates
asked for, and all that remained for them to do was to
make the entries as required in their station rate book.
(r) Colman v. G. K By, Co,, 4 B. & Mac. 108 ; Birchgrovt Steel
Co. Y. Mid, By. Co,, 5 B. & Mac. 229.
(«) Jones V. N. E, By, Co,, 2 N. & Mac. 208 ; Bailey v. L. C, &
D. By, Co,, 2 N. & Mac. 99.
(t) Hotoardr, Mid, By, Co,, 3 N. & Mac. 263; BdberUon v. M.
Q. W, (/r.) By, Co,, 2 N. & Mac. 409.
(tt) Beported in the Times, 29th October, 1890.
92 CARBIAGE OF MERCHAKDISE BT RAILWAY.
How far such a compliance with the letter of the enact-
ment would be binding on the railway company in subse-
quent proceedings between the same or different parties
has not yet been determined.
' An order for the dissection of rates will only be made
in respect of rates actually charged by the railway company
at the time of making the application (x). On the other
hand, if the rate be in existence at the time of making the
application, the fact that it is subsequently withdrawn will
not prevent an order to dissect the rate being made (y).
fctenidpn of By sect. 28 of the Traffic Act of 1888, the provisions of
goods cazried sect. 14 of the Act of 1873, above considered, have been
bjBea. extended to traffic by sea in any vessels belonging to,
chartered, or worked by a railway company, or in which
the railway company procures merchandise to be carried.
'^^^ i®^^> The powers of the trader to ascertain the rates charged
by railway companies have been somewhat extended by
sect. 33 of the Act of 1888, above referred to, but, as will
be seen, the provisions of this section relating to the divi-
sion of rates are much more restricted than those under
sect. 14 of the Act of 1873.
Claasifioation Sect. 33, sub-s. (1). "The book, tables, or other docu-
forinsp^on. ment in use for the time being containing the general
classification of merchandise carried on the railway of any
company, shall, during all reasonable hours, be open to the
inspection of any person without the payment of any fee
at every station at which merchandise is received for con-
veyance, or where merchandise is received at some other
place than a station, then at the station nearest such place.
Copies to be j^^ the said book, tables, or other document, as revised
from time to time, shall be kept on sale at the principal
office of the company at a price not exceeding one
shilling."
Sub-s. (2). " Printed copies of the classification of mer-
(x) Eall V. L. B. & 8. C. By. Co., 4 £. & Mac. 398.
(y) Berry v. L. C. & D. By. Co., 4 B* & Mac 310.
RATES AND CHARGES AND THE DIVISION OF RATES. 93
ohandise traffio and schedule of Tnaximnm tolls, rates, and
charges of every railway company authorised, as provided
by this Act, shall be kept for sale by the railway company
at such places and at such reasonable price as the Board
of Trade may by any general or special order prescribe." .
This classification of traffic will be found on p. 365, and
the maximum rates and charges applicable thereto for the
various railways affected will be found on pp. 217 to 364.
These rates and charges, from and after the confirming Acts
coming into operation (2), are to be the rates and charges
which the railway companies respectively are entitled to
charge and make (a).
Any person, upon giving not less than twenty-one days* AmendJuff
notice to the railway company, may apply m the pre-
scribed manner to the Board of Trade to amend any
classification and schedule by adding thereto any articles,
matters, or things, and the Board of Trade may hear and
determine such application, and classify and deal with the
articles, matters, and things referred to therein in such
manner as the Board of Trade shall think right. These
determinations of the Board of Trade are to be published
in the Gazette, and to take effect as from the date of the
publication thereof (i).
This appears to be the only power of revising the classi-
fication possessed by any authority except Parliament, and
only allows additions to be made thereto.
SuVs. (3). ''The company shall within one week after
application in writing made to the secretcuy of any rail-
way company by any person interested in the carriage of
any merchandise which has been or is intended to be
carried over the railway of such company, render an
account to the person so applying in which the charge
(z) I. e., let Januaiy, 1893, the Board of Trade liayiiig postponed
to that date the commencement of those schedules which would
otherwise have come into operation preyiously (soe p. 181).
(a) Act of 1888, s. 24, sub-s. 10.
(6) llnd,, sub-s. 11.
94; CARRIAGE OF MERGHANDISB BY RAILWAY.
made or olaimed by the company for the carriage of Budi
merchandise shall be divided, and the charge for convey-
ance over the railway shall be distinguished from the
terminal charges (if any) and from the dock charges (if
any), and if any terminal charge or dock charge is in-
cluded in such account, the nature and detail of the
terminal expenses or dock charges in respect of which it
is made shall be specified."
This sub-section enables a customer of the railway com-
pany, without the help of the Commissioners, to call upon
the railway company under certain circumstances to dissect
a rate for him ; but the application of the section is much
more confined than that of sect. 14 of the Act of 1873, and
does not appear to extend to anyone but persons interested
in having the goods to which the rates apply carried (c) ;
the person desiring the dissection of the rate need not
have paid the charge, but he must be a customer of the
railway company {d).
Having regard to the words " {if any) " after ^^ terminal
charges " and " dock charges," and to the case of Tomlin"
son V. L. 8f N. W. Rt/. Co, (e), a railway company would
probably be held to have complied with the order by
dividing the rate in a similar maimer to that adopted in
that case (/).
Notioetobe Sub-s. (4). "Every railway company shall publish at
pu iiahe . every station at which merchandise is received for convey-
ance, or where merchandise is received at some other place
than a station, then at the station nearest to such place, a
notice in such f orrn as may be from time to time prescribed
by the Board of Trade, to the effect that such book,
tables, and document touching the classification of mer-
chandise and the rates as they are required by this section
(c) Pehall Coal Co, v. L, & N, W. Ry^ Co., 23 a B. D. 645.
\d) Ibid, p. 652.
(e) Eeported in the Times, 29t1i Octobor, 1890.
(/) Sujpra, p. 91.
RATES AND CHABOES AND TIIE DIVISION OF SATKS. 35
and seot. 14 of the Begrdation of Bailwajs Act, 1873, to
keep at that statioiiy are open to public inspection, and
that information as to any charge can be obtained by
application to the secretary or other officer at the address
stated in such notice."
Sub-s. (5). " Where a railway company carries merohan- Traffic partly
dise partly by land and partly by sea, all the books, tables, ^y ■®*-
and documents touching the rates of charge of the railway
company, which are kept by the railway company at any
port in the United Kingdom used by the vessels which
carry the sea traffic of the railway company, shall, besides
containing all the rates charged for the sea traffic, state
what proportion of any through rate is appropriated to
conveyance by sea, distinguishing such proportion from
that which is appropriated to the conveyance by land on
either side of the sea."
Sub-s. (6). " Where a railway company intend to make InoreaM
any increase in the tolls, rates, or charges published in the ^^m.
books required to be kept by the company for public
inspection under sect. 14 of the Bagulation of Bailways
Act, 1873, or this Act, they shall give, by publication in
such manner as the Board of Trade may prescribe, at
least fourteen days' notice of such intended increase, stating
in such notice the date on which the altered rate. or charge
is to take effect ; and no such increase in the published
toUs, rates, or charges of the railway company shall have
effect unless and until the fourteen days' notice required
under this section has been given."
An order has been issued by the Board of Trade with
regard to a proposed increase in rates by a railway com-
pany (^), which provides that the proposed increase of
charge mast, (i) if any traffic has been carried at that
rate for twelve months previous, be advertised in a local
newspaper ; and (ii) in any case notice must be posted up
{g) This order will bo foxmd at length, p. 451.
at sidings.
96 CARRIAGE 07 MERCHANDISE BY RAILWAY^
for twenty-eight days in a oonspioaous place on the stations
affected. ^
Penalty. Sub-s. (7). "Any company failing to comply with the
provisions of this section shall for each offence, and in the
case of a continuing offence, for every day during which
the offence continues, be liable on summary conviction to
a penalty not exceeding five pounds."
5*^j!1?!?!" S®^*' 34. " When traffic is received or delivered at auy
place on any railway other than a station within the
meaning of sect. 14 of the Begulation of Bailways Act,
1873, the railway company on whose line such place is
shall keep at the station nearest such place a book or
books showing every rate for the time being charged for
the carriage of traffic, other than passengers and their
luggage, from such place to any place to which they book,
including any rates charged under any special contract,
and stating the distance from that place of every station,
wharf, siding, or place to which such rate is charged.
Every such book shall, during all reasonable hours, be
open to the inspection of any person without the payment
of a fee."
The Bailway and Canal Commission have no power to
order the dissection of rates in books kept under this
section as they have in the case of books kept at stations
under sect. 14 of the Act of 1873 (A).
The old Eailway Commissioners had decided, under
sect. 14 of the Act of 1873, that for the purposes of that
section a siding was to be considered either as a station or
as part of the nearest station, and that they had power to
order the dissection of rates charged therefrom (f), but
this decision must now be taken to be overruled.
{h) Pelsall Coal Co, v. L. & N. W. By. Co. (No. 2), 7 B. & Mac.
86 ; Tcmlinsm v. L. & N. W, By. Co., 63 L. T. (N. S.) 86; 7 B. &
Mao. 22.
(t) Earhome By. Co. v. L. & N. W. By. Co., 2 N. & Mac. 169.
( 97 )
CHAPTER Vn.
A RAILWAY OOHP ant's LIEN FOR UNPAID RATES AND TOLLS.
Under the dlih section of the Eailways Clauses Act, lien for toUa
1845 {a)f if, on demand, any person fail to pay the tolls
due in respect of any carriage or goods, the railway
company are given power to detain and sell such carriage
or goods, or if the same have been removed from their
premises to detain and sell any other carriages or goods on
the company's premises belonging to the party Uable to
pay such tolls. The word tolls, however, in this section,
only applies to tolls strictly so called, i.e.f to charges for
the use of the railway by persons conveying goods in
their own carriages, and does not apply where the company
act as carriers ((). And under the first part of the section
a company cannot detain trucks for tolls due in respect of
coals carried in them {c). Further, before detention or
sale there must be a demand made for the tolls {d).
In nearly every case, however, railway companies are
(o) 8 Vict. c. 20.
(6) Wallia v. X. <fc 8. W. By. Co., L. E. 6 Ex. 62 ; Braum v. O,
W. By. Co., 9 Q. B. Div. 750; and cf. Garton v. Bristol & Exeter
By. Co., 30 L. J. Q. B. 273 ; but see a Bootch case contra, Caledonian
By. Co. Y. Guild, 1 Ct. Bess. Cas. 4tli series, 198.
(c) North Central Wagon Co. v. M. 8. & L. By. Co., 35 Ch. Div.
191, 229; 13 App. Gas. 554.
(rf) lUd; Field v. Newport By. Co., 3 H. & N. 409; 27 L. J.
Ex. 396. As to what amounts to a demand, see North y. Z. A 8.
W. By. Co., 14 0. B. N. S. 132; 32 L. J. 0. P. 166 ; N. B, By. Co.
V. Carter, 8 Macq. 998 ; Green v. St. Katherint's Docks, 19 L. J.
Q. B. 53.
D. H
lien.
98 CARRIAGE OF MERCHANDISE BT RAILWAY.
themselves the oarriers on their lines, and therefore apart
from agreement they have only the common law lien of
a carrier to rely on for payment of their rates.
Common law At common law a carrier has a partioular lien on goods
carried by him (<?), even in the case of goods that have
been stolen (/) ; but he has no general lien for the
balance of his account (g). When detaining goods under
this common law Ken, however, the carrier cannot charge
for warehousing (h). And this lien does not allow the
carrier to sell the goods over which it extends, and if he
sell the goods he waives his lien and is liable for their
value, and he cannot set o£E the amount of his lien (i). At
the same time he must take every care of goods detained
by him, and he has no right to use them (k).
If a carrier once parts with the possession of the goods,
otherwise than by fraud, he loses his lien on them (l).
But if part of the freight be paid the carrier is bound to
deKver the part of the goods on which the freight has been
paid, and still keeps his lien on the whole of the remainder
of the goods for the unpaid balance of the freight (m).
And where goods consigned to an ultimate consignee
through an independent carrier have been carried by the
railway company to their destination, but have not been
paid for, and the company refuse the carrier a ledger
account, the railway company have no right to deliver the
goods themselves to the ultimate consignee, and so obtain
(e) Skinner v. Upahaw, 2 Ld. Baym. 762.
(/) Exeter Carriers' case, cit. Yorhey. Qrenaugh, ibid. 867.
\g) Bush/orthY. Hadfield, 6 East, 619; 7 East, 224; Holdemesa
V. Collinson, 7 B. & C. 212.
{h) G, N, By, Co. v. Sivaffidd, L. E. 9 Ex. 137; and see Lambert
V. Robinson, 1 Esp. 119; British Empire Shipping Co, v. Somes,
E. B. & E. 353 ; 8 H. & 0. 338.
(t) MuUiner v. Florence, 3 Q. B. Div. 484.
{k) Crouch v. G, W, By, Co., 27 L. J. Ex. 345; Scarf e v. Morgan^
4 M. & W. 270.
{I) Wallace v. Wood, Ey. & M. 194.
(m) Exp. Cooper, In re McLaren, 11 C?h. Diy. 68.
A RAILWAY company's LIEN FOR UNPAID RATES AND TOLLS. 09
payment for the carriage of the goods : their strict, and
indeed their only right is to stand upon their lien, and to
refuse to deliver the goods at all, and to keep them nntil
the charges are paid (n).
It is, therefore, not unusual for railway companies to General lien
create by agreement a general lien on goods carried by ^^t! *^^"®"
them by stipulating, in the consignment note, that all
goods consigned to the company will be received and
held by them subject to a general lien for money due to
them, whether for carriage or other charges, and also that
they shall have power to sell the goods in case the lien be
not satisfied. This lien continues as long as the company
hold the goods, and is not affected by the refusal of the
consignee to receive them after their arrival at their
destination (o).
It has been held that, where such a general lien has been
created by agreement between the railway company and a
limited company, the railway company cannot retain
goods of the limited company consigned after the limited
company has been ordered to be wound up in respect of
balances due before the winding-up order (p). But al-
though this case was confirmed on appeal (g), it is difficult
to find any adequate reason for altogether ignoring the
agreement, and Chitty, J., in a recent case (r), has declined
to follow the principle there laid down, and held that such
an agreement made with a limited company is good and
valid after the winding-up.
In any case, the lien can only attach after the goods
have been carried and are ready for delivery. The com-
pany can claim no lien immediately on receipt of the goods
from the consignor {a).
(n) Ford v. Z. & 8. W, Ry. Co., 7 B. & Mac. Ill, p. 117.
(o) Wegtfield v. O, W. By. Co., 62 L. J. Q. B. 276.
Ip) WiUshire Iron Co. v. G. W. By. Co., L. E. 6 Q. B. 101.
Iq) Ibid. 776.
(r) In re Llangennech Coal Co., 66 L. T. 475 ; W. N. (87), 22.
(«) WilUhire Iron Co. v. S. W. By. Co., L. R. 6 Q. B. 776.
h2
100 CARRIAGE OF MERCHAJTD13K BT RAILWAY,
Where, however, the oonflignee is not the owner of the
goods the railway company cannot, under a general lien,
retain the goods, as against the true owner, to answer a
balance due from the consignee upon other consignments (t).
At the same time, the consignor cannot recover the goods
from the railway company without paying any charges
the railway company may be entitled to in respect of the
carnage of the goods (u).
{t) Wright V. Snell, 6 B. & Aid. 350 ; In re BuaheU, Exp. Q. W.
By. Co., 22 Ch. Diy. 470; North Central Wagon Co. v. M. 8. <fe L.
By. Co., 35 Ch. Div. 226; 13 App. Cas. 262.
(u) Westfield v. (?. W. By. Co., 52 L. J. Q. B. 276.
( 101 )
CHAPTER Vin,
RAILWAY COMPANIES AND THEIR LIABUJTY AS COMMON
CARRIERS.
Liability of Common Carriers.
Bailwat oompanies may be, but are not necessarily
common cameis and liable as such. Section 86 of the
Bailways Clauses Act of 1845 authorizes companies to
cany and convey on their railway all such passengers and
goods as shall be ofiered to them for that purpose. And
the 89th section of the same Act specially provides that
the liabilities of railway companies are not to exceed those
of common carriers, and that railway companies are to be
entitled to the same protection and privilege as common
carriers are entitled to. At the same time this section is
permissive, and, apart from the Eailway and Canal Traffic
Act of 1888, railway companies may relinqmsh the business
of carrying (a) if they desire, but if they carry for some
they must do so for all (b).
The common law liability of railway companies as
carriers has been varied by statute by two enactments,
viz. : the Carriers Act of 1830 (c), and sect. 7 of the
Traffic Act of 1854 {d)^ and these are each so important
as to require separate notice.
(a) Johngon v. Mid. Ry, Co,, 4 Exch. 367.
{h) Hare v. L. & N. W. Ry. Co,, 2 J. & H. 80; 30 L. J. Oh. 817.
(c) 1 Will. IV. c. 68, :post, p. 118.
\d) 17 & 18 Yict. c. 31, post, p. 132. .
102 CARRIAGE OF MERCHANDISE BY RAILWAY.
It vill be well jBrst to see what are the liabilities of
carriers at oonunon law —
There are two important liabilities of common carriers
at common law — (1) they are liable as insurers of the
goods entrusted to their care; (2) they are under the
obligation to carry.
As insiiTers. (1) As insurers of the goods or animals committed to
them for carriage, railway companies are liable for every
loss happening to the goods or animals carried and not
occasioned by the act of God or the Eang's enemies (e).
Thus, they are liable for loss by fire (/), or by the felony
of their servants (^), or by theft or the wrongful acts of
strangers, while they have a remedy against the wrong-
doer for the damages they may sustain by his wrongful
act (A),
d^^^* If, however, in course of transit, injury happens to the
per vice.'" goods or to an animal, owing to the inherent nature of the
goods themselves or of the animal, the carrier is not liable
as an insurer (t). This exception occurs, of course, much
more frequently in the case of animals, when the injury
has sometimes been said to have been caused by the
^^ proper vice " of the animal. But the deterioration of
perishable articles, and evaporation and leakage of liquids,
would seem to come under the same head as proper
vice (y).
And so where a railway company had contracted to
{e) Forward v. Pittard, 1 T. E. 27 ; Nugent v. Smith, 1 0. P. Div.
423.
(/) Hyde v. Trent & Mersey Co,, 6 T. E. 389; Oatdiffe v. Bourne,
7 M. & G. 850; 11 CI. & F. 46.
((/) G. TT. Ry. Co. v. Bimmelly 18 C. B. 674.
(h) Trent & Mersey Co, v. Wood, 4 Doug. 287 ; and cf . 2 Wins.
Saund. (6tii ed.), 47e.
(0 BUywer v. (?. W, By. Co., L. E. 7 0. P. 666 ; Kendcdl v. L. &
8. W. By. Co., L. E. 7 Ex. 373.
(y ) Hudson V. Baxendale, 2 H. & N. 675 ; Ohrloff y. Briscall,
L. E. 1 P. C. 231.
RAILWAY 00MPA1<1ES' LIABILITY AS COMMON CARRIER^'. 103
send an engine on its own wheels to Wigan, but the
engine broke down on the way, it was held by the
majority of the Court of Appeal that even assuming that
the company were common oairiers of engines (of which
there was no evidence), and though the railway company's
manager had inspected the engine before it started, they
were not liable for non-delivexy of the engine, seeing
that it had occurred owing to the inherent defect of the
thing carried (k). Lord Esher in that case expressed his
opinion that the company were bound by their contract to
deliver the engine at all events; but to all contracts of
carriage there was an implied exception where it was
clearly reasonable and right, and where it must seem so to
all fair-minded persons that there should be such an excep-
tion. If, for instance, the engine had blown up, it could
not have been intended that the railway were liable to
deliver it nevertheless.
In order to show that the injury occurred owing to the
*^ proper vice " of an animal, it is not necessary to prove
that the animal was vicious, but merely that there was no
negligence on the part of the railway company, and,
nothing extraordinary having happened, that the injury
must have been caused by the struggles of the animal (/).
And if the accident occurs owing to the negligence of Negligence of
the owner of the animal, the company are not liable. So ^^'^^'
where a dog had been handed to a railway company for
carriage, secured by collar and chain, apparently sufficient
for the purpose, and the dog slipped the collar and, escap-
ing on to the line, was injured, the railway company were
held not liable (m), though it might have been otherwise
had the collar and chain been obviously insufficient to
{k) Johnson v. N, E, By, Co,, 6 Tiines L. B. 68. This case was
affirmed on appeal to the House of Lords (Times, 19th March, 1891),
but, as it is not reported, it is impossible to say on what grounds.
(0 Blower v. G. TT. By. Co., L. E. 7 C. P. 655 ; Kendall v. L. <fc
8. W. By. Co., 7 Ex. 373 ; Nugent v. Smith, 1 0. P. D. 423.
(m) Bichardeon v. N. E. By. Co., L. E. 7 C. P. 75.
104
CARRIAGE OF liERCHANDlSE BY RAILWAY.
€kx>dBimpro<
Act of God.
seoure the dog (n). It is, however, to be observed that in
the case of Richardson v. N. E. By. Co.y above xnentioned,
it was expressly found that the company were not common
carriers of animals.
And on the other hand, if goods are delivered to a
porly packed, ^qj^qj improperly packed, and they suffer damage, the
carrier may still be liable if the damage be shown to have
been caused by the carrier's negligence, although it be also
partly due to the bad packing (o). But if the damage
arise solely from the improper packing the carrier will not
be liable (p).
To make the cause of injury the act of G-od, the injury
must be due to an accident which arises from natural
causes wholly and exclusively, without human interven-
tion, and could not have been prevented by any amount
of foresight, and pains, and care reasonably to be ex-
pected (3^).
Subject to sect. 7 of the Traffic Act of 1864 (r), there is
nothing to prevent the railway company from exempting
themselves from liability for accidental injuries to goods
carried by them («), and in practice special rates for goods
carried at ^'owner's risk" are of frequent occurrence.
These, however, in most oases fall within legislative en-
actments, and for their validity special precautions are
required by the legislature, which will be hereafter dis-
cussed {t).
Special
oontract.
(n) Stuart y. Crawley, 2 Stark. 323.
(0) HigginMham v. O. N. By. Co., 2 F. & F. 796; 10 W. E.
358.
{p) Barhour v. 8. E. By. Co., 34 L. T. 67.
Iq) Nugent y. Smithy 1 0. P. D. 423; Nitrophosphate, &c Co. y.
London A St. Katherint'e Dock Co., 9 Gh. Div. 503.
(r) See|xwj, p. 132; and as to what amounts to a special oontract,
pp. 125, 126.
(«) Earrieon y. L. B. & 8. C. By. Co., 2 B. & S. 152; and of. an
elaborate judgment of Cockbum, 0. J., in Peek y. N, Staff. By. Co.,
10 H. L. 0. 473.
(t) P. 137.
KAILWAT companies' LIABILITY AS COMMON CABBIERS. 106
Betomed empties are, in the absenoe of an express Boturned
contract to the oontraiy, carried by a carrier subject to the *°^^
oidinaiy earner's IkbOity, eyen though no extra payment
be made in respect of them, the charges made on the
outward joumej being presumed to cover the return
journey {u).
(2) The obligation to carry must not be unreasonable ; The oUlga-
and a common carrier may refuse to carry on reasonable ^^*"^'
grounds, as that his coadi is full (f), or that the goods
were brought at unreasonable times {x); but it seems that
an action would lie for an unreasonable refusal on the part
of a common carrier to carry (y).
A company, however, are only bound to carry according
to their profession (s), and accordingly may refuse to carry
animalH or, it would seem, any other class of goods as
common carriers (a). It seems that if a company always
require the consignors of goods of a particular class to
enter into a special agreement for the carriage of such
goods, they are not common carriers of that class of
goods ((). This, however, has no reference to a railway
company's liability to carry the goods or other traffic
offered to them, not as common carriers, but under the
Traffic Act, 1854 (c).
Special statutory provision has been made respecting the Animals,
carriage and treatment of animals. Under the Contagious
Diseases (Animals) Act, 1878 (d), every railway company
(tt) Aldridge v. G. W. By. Co., 15 0. B. N. S. 682.
(v) LouHtt Y. HolbB, 2 Show. 127.
(x) Lane v. Cotton, 1 Ld. Baym. 652; and see Edwards y.
SherraU, 1 East, 604.
(y) Exp. Bohina, 7 Dowl. P. C. 666; and cf. 1 Wms. Saund. 312,
(s) Johnson y. Mid. By. Co., 4 Exch. 367.
(a) Bichardson y. N. E. By. Co., L. E, 7 C. P. 80; Dickson y.
G. N. By. Co., 18 a B. Div. 176.
(b) Liver AUcali Co. y. Johnson, L. E. 9 Ex. 338 ; 8cai/e y.
Farrant, L. E. 10 Ex. 368.
(c) As to this, see pp. 16, 81, 126.
(d) 41 & 42 Yiot. c. 74.
106
CARRIAGE OF MERCHANDISE BY RAILWAY.
must proyide water and food or either of them on the
request of the consignor or person in charge, to the satis-
faction of the Privy Council, at such stations as the Privy
Coimcil from time to time direct for animals carried, or
about to be, or having been carried on the rMlway (y).
And the company may charge for such food or water in
addition to their rates for the carriage of the animal, and
have a lien for such charge on the animal (2). The
animals in this Act include sheep and goats and other
ruminating animals, and swine (a).
The Privy Council may by order prohibit the removal
of animals ; and where such order was made, and imder
the regulations of a local authority the animals were not
to be moved without a declaration being first made and
signed by the owner, the railway company, who carried
them before the declaration was made, were held liable to
a penalty (5); and where such a declaration is required,, a
railway company may refuse to carry without it (c).
Who may
sue.
Bight to Sue.
If there be a special contract that the carrier is to be
liable to the consignor, the consignor may sue for injury
to the goods carried (d). But if there be no special con-
tract the owner of the goods is the proper person to sue.
If, therefore, the goods have been sold and are being
carried for delivery to the purchaser, the consignee is the
proper person to sue (e) ; but if there is no binding contract
^
(y) 41 & 42 Vict. c. 74, 8. 3.
(z) Ibid, 8ub-8. 5.
(a) Ibid, 8. 55,
(6) Mid, By, Co, y. Freeman, 12 Q. B. D. 629.
(c) WiUiatM V. G, W. By, Co., 54^ L. T. 250.
\d) Moore v. WHeon, 1 T. E. 669 ; G, W. By, Co, v. Bagge, 15
a B. D. 625.
(c) IhOton V. Solomonson, 3 B. & P. 582.
RAILWAY companies' LIABILITY AS COMMON CARRIERS. 107
of sale (/), or if the goods are merely being sent on ap«
pToyal(^) the consignor must sue. A bailee, howeYer,
haying a special property in goods committed to him, and
who has entrusted the goods to a carrier, may sue (A).
This question of the right to sue is of importance, for if
the railway company haye paid compensation to the wrong
party, that is no defence to an action by the person en-
titled to the compensation (t). So where a railway com-
pany had paid compensation to the consignor on a claim
made by him without notice that he was not the true
owner, it was held no answer to an action by the owner.
If there be no special contract as to the railway company's
liability the fact that one party may haye nominated or
selected the particular carrier to whom the goods were
entrusted appears to be immaterial {k).
Pritnd facie f if a railway company receiye goods for Through
cojiyeyance to a place beyond the limits of their line, they "^*^*^'
undertake the responsibility for the complete transit, and
are liable for loss or injury to the goods, though it take
place on the line of anotlter company (/). But the com-
pany may stipulate that they will not be liable for loss or
damage to goods after they haye been deliyered to an-
other company (;n), but in such a case deliyery to another
company must be clearly proyed if relied on by the
company (n).
But if the damage occurs on the line, not of the re-
(/) CoaU y. Chaplin, 3 Q. B. 483; Cownhs y. Bristol dh Exder
By. Co., 3 n. & N. 510.
{g) Sivain y. Shepperd, 1 M. & Bob. 223.
{h) Freeman y. Birch, 1 N. & Man. 420 ; 3 Q. B. 492, n.
(0 Coomha y. BrUtol & Exder By. Co., 3 H. & N. 1.
{h) Ibid. 3 H. & N. 510 ; Button y. Sohmonson, 3 B. & P. 582.
(/) Muachamp y. Lane. & Preston By. Co., 8 M. & W. 421 ;
Shepherd y. Bristol & Eoceter By. Co., L. E. 3 Ex. 189.
(m) Aldridge y. G. W. By. Co., 15 C. B. N. S. 582; Fowles y.
G. W. By. Co., 7 Exch. 699 ; 22 L. J. Ex. 76.
(n) Kent y. Mid. By. Co., L. E. 10 Q. B. 1.
108
CARRIAGE OF MERCHANDISE BY RAILWAY*
ceiving, but the forwarding or deLiyermg oompanj, the
company on whose line the damage was caused maj be
sued (o).
Stoppage in Transitu.
Stoppage in
transitu.
The vendor of goods who has handed them to a carrier,
so long as the purchase-money remains unpaid, has, upon
the insolvenoy of the purchaser, the right to stop the goods
in transitu, or so long as they are in the possession of the
carrier as such (/?), or while they are being warehoused by
the carrier; provided there is nothing to show that the
carrier is acting as agent for the purchaser (j^). And if
part only of the goods have been delivered the right of
stoppage in transitu applies to the other part (r).
When gone. The right of stoppage is gone when the carrier has
delivered the goods to the purchaser or his agent,
whether or not the goods have reached their ultimate
destination {s) ; but the right of stoppage remains if the
purchaser have refused the goo^ when proffered to him
for delivery (t). So, too, it is gone if the purchaser have
transferred his interest to a sub-purchaser for valuable
consideration {u) ; but if a genuine notice to stop has been
given by the vendor, the latter will be entitled to be paid
(o) Hooper v. L. <fc N. W. By. Co., 5C L. J. 0. P. 103 ; Foulkes v.
Met. Dist Co., 6 C. P. D. 157.
{p) Ex p, Bosevear Co., In re Cock, 11 Oh. Div. 660; Ex p.
Cooper, In re Maclaren, 11 Ch. Div. 68; Bethdl v. Clark, 19 Q. B. D.
563; 20 Q. B. Div. 615.
{q) Ex p. Barrow, In re Woredell, 6 Oh. D. 783.
(r) In re Maclaren, Exp. Cooper, 11 Ch. Div. 68; BoUon v. Latic.
& York By. Co., L. E. 1 0. P. 431.
(«) In re Whitworth, Ex p. Oibbea, 1 Ch. D. 101 ; Kendcd v. Mar--
ihaU, Stevens ds Co., 11 Q. B. Div. 356 ; In re Isaacs, Ex p. Miles,
15 a B. D. 39.
(«) BoUon V. Lane. A York. By. Co., L. E. 1 C. P. 431.
(u) Leask v. BcoU, 2 a B. D. 376.
BAILWAT COMFANTBS' LIABILITY AS COMMON CAKRIERS. 109
out of any unpaid purchase-monej in the hands of the
sab-pnrohaser (v).
The mere fact that the pnrohaser has nominated the
earner would seem not to be sufficient to make deliveiy
to him deliyerj to the agent of the purchaser (a?), but
deliyery on board a ship of the purchaser is deliyeiy to
him(y).
If the consignor exercise his right of stoppage in tran^ Action
sitUf and the carrier, after receiving notice, deliver the t^^ "*
goods to the consignee, an action against the carrier for
damages for so doing appears to be founded in tort (2).
DeUveri/.
The carrier must provide a proper place for delivery ; DeUyery.
and if he neglect to do so, and loss arises owing to his
neglect to do so, he may be made liable (a). He is also
liable for misdelivery on the ground that he is liable as
insurer until his contract as carrier is at an end (6). But
if goods are consigned to a fictitious consignee at a
particular address, and the goods are delivered in the
ordinaiy course upon the signature of the fictitious con-
signee fraudulently made by a third person, the carrier
win not be liable (c), unless there are circumstances to
excite his suspicion (t/).
And an ordinary contract (and although not as common
carriers) to cany from station to station, involves an
(v) In re Knight, Exp. Davis, 13 Oh. Div. 629; Kemp v. Falk,
7 App. Cas. 573.
(aj) In re Cock, Ex p. Boeevear Co,, 11 Ch. Div. 560 ; In re Mac-
laren, Exp. Cooper, 11 Oh. Div. 68 ; Bethell v. Clark, 19 Q. B. D.
553.
(y) BchoUmans v. Lane. & York. By, Co,, L. B. 2 Oh. 332.
(2) Ponti/ex v. Mid. By. Co., 3 Q. B. Div. 23.
(a) Booth V. N. E, By. Co., L. E. 2 Ex. 173.
(6) Heugh v. L. & N. W, By. Co., L. R. 5 Ex. 51.
(c) Af'Kean v. M'lvor, L. R. 6 Ex. 36.
\d) Stephenson v. Hart, 4 Bing. 476.
110
CABBIAOE OF MERCHANDISE BY RAILWAY.
Ganfli^eeto
eTaTnmft
goods.
Place of
deliYeiy.
BoASonable
tune.
obligation to unload and deliver at the receiving station,
or at least to provide proper appliances for that pur-
pose {e).
When goods are delivered by a earner at the proper
place and proper time, the consignee is bound to examine
them, and see whether they are in good order ; and if he
does not intimate objection, it will be presumed that they
were delivered in good order (/). So, in a Scotch case,
where on delivery of a number of batteries properly made,
the consignee, acting on the report of the railway com-
pany's servants, wrote to the company complaining that
nine had been damaged, but a fortnight later discovered
twelve more to be broken, it was held that the twelve must
be presumed to have been delivered sound (ff).
Where goods are handed to a carrier for carriage with a
direction to deliver to a specific consignee at a particular
place, the consignee may agree with the carrier to deliver
the goods at any other place (A).
The carrier is also bound to deliver within a reasonable
time, though he is not liable if the delay occur owing to
circumstances beyond his own control (t). But if injury is
caused to the goods by the delay, which would not have
arisen if the goods had been properly packed, the owner
may only be entitled to nominal damages (k).
The question whether there has been unreasonable delay
is a question of fact, but if the ordinary course of convey-
ance has been departed from this may be evidence of
unreasonable delay (/), and the fact that a train arrives
(c) Boyal National Lifeboat Inst. v. L, & N, W, By, Co,, 3 Times
L. B. 601 ; and see G, W, By, Co. v. Swansea, 4 £. & B. 184.
(/) Stewart v. N, B, By, Co,, 6 Ot. Seas. Cas. 4th series, 426.
\g) Ihid,
\h) L, & N, W, By, Co, v. BartJett, 7 H. & N. 400 ; Cork Distil-
leries Co, V. G, 8. & W. By, Co,, L. E. 7 H. L. 269.
(t) Taylor v. G, N, By, Co,, L. E. 1 C. P. 385.
(^•) Baldwin v. L, C. & D, By, Co,, 9 Q. B. D. 682.
(0 Wren v. Eastern Counties By, Co,, 1 L. T. (N. S.) 5.
BAILWAY companies' LIABILITY AS COMMON CARBIEBS. Ill
several hours late is primd facie evidenoe of unreasonable
delay and requires to be accounted for by the company (m).
If the ordinary route be adopted it is immaterial that it is
not the shortest possible (n). And the fact that a company
has altered its time tables without informing the consignor,
and consequently the goods have not arrived as usual, is no
evidence of unreasonable delay (o). And if a company
undertakes to forward goods by a particular train, they
do not thereby warrant that the train will arrive at its
usual time (p).
. When goods consigned at station to station rates arrive Kotioe ol
at the delivery station, it is usual for the delivering com- *'"^'
pany to send to the consignee notice of their arrival/
Whether a company issuing such notice by mistake are
bound by its contents, so as to be estopped from denying
that they hold the goods described therein, depends upon
whether or not they have caused injury by their culpable
negligence. Where a company has by mistake advised a
person that goods have come for him when they have not
done so in fact, they are not prevented from explaining
their mistake (q) ; but where a company issued two different
delivery orders in respect of the same consignment of goods,
as against a holder for value of those delivery orders, they
were estopped (r).
The carrier's liability extends until the contract of Tennination
carriage has been performed. But if the carrier is to ^ * ^'
deliver goods to a consignee at a particular address and
they are refused there, the carrier's liability ceases («), and
he is not bound to give notice to the consignor of the
(tn) Roberta v. Mid. By. Co., 25 W. E. 323.
(n) Hales v. L. cfc N. W. By. Co., 4 B. & S. 66.
(o) Bollanda v. M. 8. & L. By. Co., 15 Ir. C. L. 560.
(jp) Lord V. Mid. By. Co., L. E. 2 0. P. 339.
\q) Carr v. L. & N. W. By. Co., L. E. 10 C. P. 307.
(r) Coventry v. 0. E, By. Co., 11 Q. B. Div. 776; Seton v. La/one,
19 Q. B. Biy. 68 ; Lishman v. Christie, ibid. 333.
(«) Hei^gh v. L. & K W. By. Co., L. E. 5 Ex. 61.
112 CARRIAGE OF MERCHANDISE BY RAILWAY.
refosal to aooept the goods if he does what is reasonable
under the ciroomstanoes of the ease {t).
If goods are consigned at station to station rates to be
taken away from the delivery station by the consignee, the
carrier's liability does not cease nntil the goods have reached
the delivery station, and a reasonable time has been allowed
for their removal after notice of their arrival (i*). But if
the carrier is unable to give notice of their arrival to the
consigneey his liability as carrier is exchanged for that of
warehouseman (v).
If the consignee does not remove the goods within a
reasonable time after notice of their arrival the railway
company's liability as carrier terminatesi and they become
liable as warehousemen (^). And it has been held that
where a consignee refused to take delivery of a horse, the
carriers could recover from him proper expenses incurred
by them in putting the horse out to livery (y),
A notice delivered to a consignee by the railway com-
pany to the effect that goods have arrived at their station,
and after a reasonable time will be held by the company
not as carriers, but as warehousemen, and subject to a
charge for demurrage, is binding on the consignee, al-
though he have signed the consignment note under
protest (s). And if after such a notice the consignee
takes part of the goods away and leaves the rest, he must
be taken to have agreed to the terms imposed (a). But a
notice that the goods have arrived and will be held by the
company not as carriers, but at the owners' sole risk, will
(<) Hudson V. Baxetidale, 2 H. & N. 575.
(u) Mitchell v. Lane, & York. By. Co,, L. E. IC Q. B. 256, 263 ;
Fatscheider v. G. W, By. Co,, 3 Ex. D. 153.
(v) Chapman v. O, W, By. Co,, 5 Q. B. D. 278.
(a;) Heugh v. L, <fc N, W, By, Co,, L. R. 5 Ex. 51 ; Mitchell v.
Lane, & York. By, Co,, L. R. 10 Q. B. 256.
(y) G, N, By, Co, v. Swaffield, L. R. 9 Ex. 132.
(«) JV: E, By, Co. V. Cairns, 32 W. R. 829.
(a) Mitchell v. Lane, <fc York, By, Co,, L. R. 10 Q. B. 256.
RAILWAY companies' LIABILITY AS COMMON CARRIBBS. 113
not absolve the company from taking reasonable care of
the goods (b).
And if goods are detained because the consignee refused Befosal to
to pay for their carriage, they must be kept a reasonable ^^ <»«»««•
time at the place of delivery (c).
Warehousing.
The liability of warehousemen or bailees in respect of LiabOity of
goods entrusted to them is essentially different from that ^^ *'^**®'
of carriers ; they are not liable as insurers of the goods, and
are only bound (1) to take reasonable and proper care of
the goods (d) ; (2) to deliver them up to the owner or
person entitled to receive them within a reasonable time
after a reasonable demand (e).
(1) It is, of course, open to the parties to make a Gbveoffhe
special contract of bailment by the terms of which they 8**^^'
would be bound (/) ; but in the absence of any such
special contract, a warehouseman is bound to take reason-
able and proper precautions for the safety of goods
entrusted to him (g) ; but there is no warranty to keep
them absolutely safe; and so, if the warehouseman has
employed a competent contractor to erect a building, but
the goods are injured owing to a defect, of which the
warehouseman had no notice, caused by the negligence of
the contractor, the warehouseman will not be held liable (A).
Though if the warehouseman undertake to warehouse the
goods at a particular place, and send them to another, he
(6) Ibid.
(c) Crouch V. G. W, By. Co., 3 H. & N, 183.
{d) Coggs y. Bernard , 2 Ld. Eaym. 909 ; 1 Sm. L. 0. 188.
(c) Stallard v. O. W. By. Co., 2 B. & S. 419.
(/) See Harris y. G. W. By. Co., 1 Q. B. D. 515, a case relating
to luggage deposited in a cloak-room.
{g) Cogga v, Bernard, 2 Ld. Eaym. 909 ; 1 Sm. L. 0. 188.
(A) Searh v. Laverick, L. E. 9 Q. B. 122.
T>. I
114
CARRIAGE OF MERCHANDISE BY RAILWAY.
Obligation to
deliver.
Damages for
conyenion.
may become liable for injtuy resulting to the goods in
consequence of his so doing (t).
(2) The warehouseman is bound to deliver the goods
to the owner within a reasonable time after a reasonable
demand (A:), and if delivery be refused, the Statute of
Limitations does not begin to run, so as to bar the right to
sue for the goods, until such demand and refusal (/). The
warehouseman is not liable, strictly speaking, for mis-
deUvery, though he may be so if it has resulted from want
of reasonable care (m) ; but he may be liable in an action
for conversion if he parts with the goods to a person who
is not entitled to them, and that even though he acts bond
fide^ and the person to whom he delivers the goods be
subsequently authorised by the true owner to receive
them (n), though in the latter case the plaintiff could only
recover nominal damages (o).
The measure of damages in an action for conversion
where goods have been unlawfully converted, is prinid facie
the full value of the goods. And that is the measure
whenever the plaintiff could have resumed the property if
he could have laid hands on it and held it as his own, as
when the conversion is by a stranger (jt?). But where
that is not the case, as where an unpaid vendor converts
the goods, only the loss actually sustained by the plaintiff
is recoverable, as in such a case the plaintiff would no
longer be liable to the vendor for the contract price {q).
(t) Lilley v. Douhleday, 7 Q. B. D. 610.
{k) Stallard v. O. W. Ry. Co., 2 B. & S. 419.
\l) Wilkinson v. Verity, L. E. 6 C. P. 206.
(m) Hetigh v. L» & N. W. Ry» Co,, L. E. 5 Ex. 61 ; StepheMon v.
Hart, 4 Bing. 476 ; Devereux v. Barclay, 2 B. & A. 702.
(w) Hiort V. L. <fe N. W, By. Co., 4 Ex. D. 188; Eiort v. BoU,
L. E. 9 Ex. 86.
(o) Eiort V. L. & N. W. Ry. Co., 4 Ex. D. 188.
{p) Johnson v. Lane. & York, Ry. Co., 3 0. P. D. 499, and cases
there cited.
{q) Chinery v. Viall, 6 H. & N. 288.
RAILWAY companies' LIABILITY AS COMMON CARRIERS. 116
Damages,
The meaenre of damages recoverable against a carrier Damages for
for the loss of goods is, as a rule, the market value of the **"*
goods at the time and place where they ought to have been
delivered, and the fact that the consignee has sold them
for less than the market price is not material (r). If the
market price cannot be ascertained, the measure of damages
will be the cost price, plus the cost of carriage, and a
reasonable importer's profit (s), or, if this fail, the price at
which they have been sold by the owner (^), or their value
to him {u)j or the price at which the best substitute for
them can be obtained (9).
But where a carrier contracts with a railway company Gosta of
to carry goods, which are lost, the railway company are ■*^*"*'^'
not liable for the costs of an action brought by the owner
of the goods against the carrier to recover the goods,
and unreasonably defended by the carrier («?). If, how-
ever, the action have been reasonably defended, it seems
the costs may be recovered. But the fact that the defence,
though unreasonable in itself, has been useful in ascer-
taining the damages, does not make the defence reason-
able {x).
In an action against a carrier for breach of contract to Breach of
oairy, damages can only be given in respect of such conse- ^S^ *« •
quences of the breach as might reasonably be supposed to
have been in the contemplation of the parties at the time
(r) Rodocanachi v. MUhum, 18 Q. B. D. 67.
(») Bice V. BaxendaUy 7 H. & N. 986; O'Hanlan v. G. W. By. Co.,
6 B. & S. 484.
{t) France v. Oaudet, L. E. 6 Q. B. 199.
(m) SchtUze V. G. E. By. Co., 19 Q. B. D. 80.
(r) Hinde v. Liddell, L. E. 10 Q. B. 265.
Iw) Baxendale y. L. C. <fc D. By. Co., L. E. 10 Ex. 35.
(x) Hammond v. Biuaey, 20 Q. B. Div. 79, distinguishing the case
last cited.
i2
116 CARRIAGE OF MERCHANDISE BY RAILWAY.
they entered into the contract (y). Thus, if the goods
after their arrival are to be applied to a particular object,
which is not disclosed to the carrier, damages resulting
from failure of the object are not recoverable (s). On the
other hand, if the object for which the goods are to be
applied is expressly brought to the notice of the carrier, or
might reasonably have been inferred by him, damages
resulting from failure of the object may be recovered {a),
Notioe given. So, in the latter case, damages for loss of profit may
be recovered (6), or damages caused by a sub-purchaser
having succeeded in an action for breach of contract (o).
But the notice to the carrier must be clear and unmistake-
able ; thus, notice that if the goods do not arrive in time
they will be thrown on the owner's hands (d), or a general
knowledge on the part of the carrier that the goods were
bought for resale (<?), or the fact that the goods have been
labelled " Travellers' goods — deliver immediately" (/), is
not such notice to the carrier of the object to which the
goods are to be applied as to render him liable for failure
of the object.
Delaj. It appears that, in the case of carriage by land, damage
resulting from depreciation of market price owing to delay
in delivery may be recovered (</), but the authorities on
(y) Home v. Mid. By, Co,, L. E. 8 C. P. 131.
(z) EacUey v. Baxendale, 9 Ex. 341; HaUe v. L. & K W. Ry, Co,,
4 B. & S. 66.
(a) Simpson v. L, & N, W, By, Co,, 1 Q. B. D. 274.
(6) Elbinger Adien Oeselhchaft v. Armstrong, L. E. 9 Q. B. 473 ;
Grihert Borgnis v. Nugent, 15 Q. B. Div. 85 ; Hamilton v. Magill,
12 L. E. Ir. 186.
(c) Ibid,
\i) Horns v. Mid, By, Co,, L. E. 8 0. P. 131.
\e) Thol V. Henderson, 46 L. T. 483 ; 8 Q. B. D. 457.
(/) Candy Y, Mid, By. Co., 38 L. T. (N. S.) 226; Jameson v.
Mid, By. Co,, 60 L. T. 426.
{g) Wilson v. Lane. & York, By. Co., 9 C. B. N. S. 632 ; Coll^ird
V. 8. E. By. Co., 7 H. & N. 79 ; but see contra, Le PeirUur v. 8. E,
By. Co., 2 L. T. (N. S.) 170; Hawe^ v. 8. E. By. Co., 52 L. T. 514.
RAILWAY companies' LIABILITY AS COMMON CARRIERS. 117
this point are not eatisf actorj. In the case of carriage by
sea sach damages are not recoverable (h).
Where notice of the object for which the goods are Notioeoot
required is not brought to the notice of the carrier, the 8*^®^-
plaintiff cannot recover damages resulting to him from the
failure of a contract with a third person (i), nor profits
which would have been made by his traveller (k), nor
hotel expenses incurred while waiting for the goods (/) ;
but he may recover personal expenses reasonably incurred
in inquiring for the goods {m).
Where horses, which a railway company had contracted, FaUure to
but faUed, to carry, were sent by road and injured, the ^ toTcET'
measure of damages was held to be the deterioration which
the horses would have suffered if in ordinary condition,
and the time and labour expended on the road (n). But
where a company had failed to provide proper trucks for
goods as they had contracted to do, and the goods were
sold, damages were not recoverable, as the goods might
have been sent another way (o).
An action to recover goods damaged by the negligence
of the carrier is founded in contract (p).
{h) The Parana, 1 P. B. 452; 2 P. Div. 118; The Netting Hill,
9 P. D. 105; approved in Victorian Bailrvay Commission's v.
Covltas, 13 App. Gas. 222.
{%) Home V. Mid. By, Co,, L. E. 8 0. P. 131 ; Thol v. Henderson,
8 Q. B. D. 457.
{k) Q. W. By, Co, V. Bedmayne, L. R. 1 0. P. 329.
\l) Woodger v. O, W. By, Co., L. R. 2 C. P. 318.
(m) Hales v. L, & N. W, By, Co,, 4 B. & S. 66.
(n) Waller v. M, G, W, By, Co., 4 L. R. Ir. 376.
(o) Irvine v. M. G, W, By, Co,, 6 L. R. Ir. 55.
Ip) Baylis v. Lintoit, L. R. 8 0. P. 345 ; Fleming v. M. 8. <fc L,
By. Co,, 4 a B. D. 81.
118 CARRIAGE OF MERCHAKDI8B BY RAILWAY.
CHAPTER IX.
THE CARRIERS ACTT AND THE LIMITATION OF THE LIABILITY
OF CARRIERS PROVIDED THEREBY.
Origin ol With the increase of personal property, the frequency
with which articles of great value in small bulk were trans-
mitted about the country largely increased and began to
render the liability of a common carrier very dangerous. To
meet this, carriers posted up and distributed notices to the
effect that they would not be liable for property of more
than a specified value, unless the owner had paid an
additional premium to insure his property. If this notice
could be brought home to the carrier's employer, it was
considered as part of the contract of carriage, and he was
bound by it {a) ; but if the carrier could not show that it
had been communicated to him it was of no effect to bind
the employer (b). But notwithstanding that he was pro-
tected by such a notice, the carrier was still liable in case
the property was lost by gross negligence on his part (c),
unless the employer had lulled the carrier's vigilance by
failing to inform him of the nature of the trust reposed in
him {d).
(a) Mayhew v. Eames, 3 B. & 0. 6C1 ; Nicholson v. IFVZZan, 5
East, 507.
(6) Kerr v. Willany 6 M. & S. 160.
(c) Smith V. Borncy 8 Taunt. 144 ; Wyld v. Pick/ord, 8 M. & W.
443.
{d) BaUon v. Donovan, 4 B. & A. 21 ; Miles v. CaUle, 6 Bing.
743.
THE CAKBTERS ACT — LIMITATI0I9 OF LIABILITY OF CARRIERS. 119
To settle several difficulties that had arisen in eonse-
qnence, the Carriers Act, 1830 («), was passed, which applies
to carriers by land only.
This Act was passed for the purpose of limiting the
liability of common carriers for hire in respect of certain
valuable articles.
Sect. 1 provides that after the passing of the Act " no Carriers not
•1 A_ M I T_ • i i 1 liablf for loss
mail contractor, stage-coach proprietor, or other common of certain
carrier by land for hire shall be liable for the loss of or S^^^^
injury to any article, or articles, or property of the
descriptions following " (/) . . . . " contained in any
parcel or package which shall have been delivered either
to be carried for hire or to accompany the person of any
passenger in any mail or stage-coach, or other public convey-
anoe, when the value of such article or articles, or property
aforesaid, contained in such parcel or package shaU exceed
the sum of ten pounds, unless at the time of the delivery unless valae
thereof at the office, warehouse, or receiving house of such declw-ed.
mail contractor, stage-coach proprietor, or other common
carrier, or to his, her, or their book-keeper, coachman, or
other servant, for the purpose of being carried, or of
accompanying the person of any passenger as aforesaid,
the value and nature of such article or articles, or property,
shall have been declared by the person or persons sending
(e) 1 WiU. IV. c. 68.
(/) These articles, with notes to them, will be found in alpha-
betical order below, p. 120. The words of the Act are as
follows : *' (that is to saj) gold or silver coin of this realm, or
any foreign State ; or any gold or silver in a manufactured or un-
manufactured state ; or aoy precious stones, jewellery, watches,
clocks, or timepieces of any description, trinkets, bills, notes of the
Governor and Company of the Banks of England, Scotland, and Ire-
land respectively, or of any other bank in Great Britain or Ireland,
orders, notes, or securities for payment of money, English or foreign
stamps, maps, writings, title-deeds, paintings, engravings, pictures,
gold or silver plate or plated articles, glass, china, silks in a manu-
factured or unmanufactured state, and whether wrought up or not
wrought up with other materials, furs, or lace, or any of them,"
rfrrr^-ii-A-
120 CABRIAGB OF MERCHAKDISB BY BAILWAT.
or delivering the same, and suoh increased charge as
hereinafter mentioned, or an engagement to pay the
same, be accepted by the person receiving such parcel or
package."
Inoreased And when any parcel shall be so delivered, and its
fi^g^i^oe' vftl^® (exceeding 10/.) and contents declared, the carrier
may demand an increased charge, notice of which must be
affixed in a conspicuous part of the office, warehouse, or
other receiving house, stating the increased rate of charge ;
and by this notice aU persons sending or delivering parcels
are bound {g). This notice is not a notice that the carrier
means to avail himself of the Act, but only a notice of
the extra charge which he cannot demand without the
notice (A).
Artidesto The articles to which the Carriers Act applies are as
applies. follows, and are for convenience arranged alphabetically.
The text of the Act will be found on p. 119 in the note.
(1.) Bank notes, whether English, Scotch, or Irish.
(2.) Bills.
A document framed like a bill of exchange, pro-
perly stamped as such, and accepted by the person to
whom it was directed, but without a drawer's name,
was held not to be a " biU, order, security for payment
of money, or writing of any value," the jury having
f oimd that at the time of delivery to the carrier the
incomplete bill was of no value (t). Possibly if the
jury had found that it was of value, being a writing,
it might have come within the Act (k).
(3.) China.
(4.) Clocks.
(5.) Coins (gold or silver) of this realm or of any
foreign State.
{g) Carriers Act (1 Will. lY. c. 68), s. 2, and see p. 131.
(A) Hart v. Baxendale, 6 Ex. 769.
(*) atoeseiger v. S, E. By, Co,, 3 E. & B. 649.
{k) Ibid, per Erie, J.
THB CARRIEBS ACT — LIMITATION OF LIABILITY OF CAERIBRS. 121
(6.) Engravings.
This includes prints and ooloured prints (/).
(7.) Furs.
Hat bodies made partly of fur and partly of wool
are not within the description '^ furs "{m).
(8.) aiass.
This includes glass of any kind or size, and looking-
glasses (n) or smelling-bottles (o).
(9.) Gold coin.
(10.) Gold or silver in a manufactured or unmanufactured
state.
(11.) Gold or silver plate or plated articles.
(12.) Jewellery. {See Trinkets (No. 27, post),)
(13.) Lace.
This does not include machine-made lace (jd).
Where a lace corporal in a gilt frame covered with--
glass was enclosed in a packing case and sent without
any declaration under the Carriers Act, it was held
that the gilt frame was distinct from and not acces-
sory to the lace, and the packing case accessory to
both or the frame only, and that therefore the carrier
was not protected from liability as respected either
the gilt frame or the packing case (q).
(14.) Maps.
The cases of maps have been held accessory to the
maps themselves, and not separable (r).
(16.) Money. {See Coin.)
(16.) Orders, notes, or securities for the payment of
money. {See under Bills (2).)
This would include cheques, promissory notes, &c.
(i) Bays V. Pink, 8 Car. & P. 361.
(m) Mayhew v. Nelson, 6 Oar. & P. 68.
(n) Owen v. Burnett, 2 Cr. & M. 353.
(o) Bernstein v. Baxendale, 6 0. B. N. S. 261.
Ip) The Caxriers Amendment Act, 1866 (28 & 29 Yict. c 24).
Iq) Treadwin v. G. E. By. Co., L. E. 3 0. P. 308.
(r) Wyld V. Fickf<yrd, 8 M. & W. 443.
122 CARRIAGE OF MBRCHANDISB BT RAILWAY.
(17.) Paintings.
This only indudes works of art and of artistio
value ; not mere patterns or designs. So it does not
include coloured imitations of rugs and carpets and
coloured designs, though they may be valuable, being
designft by skilled persons and painted by hand, if
they have no value as works of art(«). The word,
however, includes artists' pencil sketches (t),
(18.) Pictures.
A picture and its frame are to be considered as one
article ; and if a package containing framed pictures
exceeding 10/. in value be delivered to a carrier with-
out a declaration, the carrier is protected from liability
in respect of damage done to the frame as well as to
the picture (u).
(19.) Plate or plated articles, whether gold or silver.
(20.) Precious stones.
(21.) Securities. {See Orders (16).)
(22.) Silks in a manufactured or unmanufactured state,
and whether wrought up or not wrought up with
other materials.
This has been held to include silk tights and
hose {v)j silk watch guards (x), elastic silk webbing,
composed of silk, indiarubber, and cotton (^), a truss
of silk (s), and a silk dress {a). In a case decided in
1841 {b), silk dresses made up for wearing were held
not to come within this description ; but this case must
be considered as overruled. But Beepoaty p. 131.
(23.) Silver. {See Gold.)
8) Woodrvard v. L. & N, W. By, Co,, 3 Ex. B. 121.
t) Mytton V. Mid. By, Co,, 28 L. J. 385.
u) Henderson v. L, & N, W. By. Co., L. E. 5 Ex. 90.
v) Hart V. Baxendale, 6 Ex. 769.
x) Bernstein v. Baxendale, 6 C. B. N. S. 261.
y) Brunt v. Mid, By, Co., 2 H. & C. 889.
z) Butty. G. W. By. Co,, U C. B. 140.
a) Flowers v. S, E. By. Co,, 16 L. T. (N. S.) 329, decided 1867.
h) Davey y. Mason, Oar. & Marsh. 445.
THE CAKRIBRS ACT — ^LIBOTATION OF LIABILTTT OF CARRIBB8. 123
(24.) StampBy English or foreign.
(25.) Timepieoes of any desoription.
This indudes a ship's chronometer (c).
(26.) Title deeds.
(27.) Trinkets.
It has been held under this head that ivory, and
agate bracelets, shirt pins, common gilt rings, brooches,
tortoiBeshell and pearl portmonnaies, and glass smell-
ing bottles were trinkets, but not Ghennan silver fusee
boxes (fl?). An eyeglass and gold chain have been
held not to be trinkets, but this must be considered to
have been overruled by the case last referred to (e).
It seems that to be "trinkets" articles must be
used merely as ornaments, and if ornament and utility
be combined the ornamental purpose must predomi-
nate (/).
(28.) Watches. {See Timepieces (25).)
(29.) Writings. {See under Bilk (2).)
It is observable that the Carriers Act applies only to a Extent of the
common carrier by land for hire, but if the contract be to
carry partly by land and partly by sea, the contract is
divisible, and the protection of the Act applies to the land
journey (^). Formal notice by the consignor of the nature
of the goods is not necessary, if the nature of the goods is
actually brought to the notice of the carrier, so as to
enable him to fix the extra charge which he is authorized
to make (A). When the Act has been complied with, and
the nature and value of the articles has been declared, the
common law liability of the carrier revives, even though
he demand no extra charge {%).
(c) Le Contmr v. L, <fc 8. W. By. Co,, L. E. 1 Q. B. 64.
{d) Bernstein v. Baxendale, 6 C. B. N. S. 251.
(«) Davey y. Mdson, Car. & Marsh. 45.
(/) Bernstein y. Baxendale, ubi supra,
Ig) Le Conteur v. Z. <fc 8, W. By. Co,, L. E. 1 Q. B. 54 ; 6 B. &
S. 961 ; Mitten y. Brasch, 8 Q. B. D. 35 ; 10 Q. B. Diy. 142.
(A) Bradbury y. 8utton, 19 W. E. 800; 21 W. E. 128.
(i) Behrena v. G. N. By, Co., 6 H. & N. 366 ; 7 H. & N. 950.
124
CARRIAGE OF MERCHANDISE BY RAILWAY.
Non-compli-
ance witli
Act.
When no
protection.
"Parcel or
package."
Where the goods are within the description of those
mentioned in the Act, and the nature and value is not
declared, the protection afforded to the carrier in case of
loss or injury to the goods seems absolute. It extends
either to a temporary or permanent loss of the goods, and
damages cannot be recovered in either case(A^). Nor is the
carrier liable even if the loss is caused by gross negligence
on the part of his servants (/). He is not liable if the
goods are put out of the train short of their destination,
or carried beyond it, or sent on a wrong journey alto-
gether {m)y or even if the goods are by mistake delivered to
the wrong person altogether (n).
Where, however, there is no loss or injury to the goods,
the carrier is not protected against the consequences of
delay in delivering the goods (o), nor is he protected if he
deliver them to a person whom he knows not to be the
consignee (jo).
If the goods come within the description contained in
the Act, the declaration as to their nature and value must
be made, whether they are delivered to 4:he carrier at his
office or elsewhere. The result of such a declaration is
that if the extra charge be paid, and the goods lost, the
carrier will be liable ; or, on the other hand, if he refuses
to give a receipt, he will lose the benefit of the statute.
But in no case can the sender recover until he has taken
the initial step and made the declaration (q).
The preamble to the Act recites, "Whereas by reason of
the frequent practice of bankers and others of sending by
{k) Millen v. Broach, 10 a B. Div. 142 ; Wallace v. Dublin &
Belfast By. Co,, 8 Ir. E. 0. L. 341.
{I) HinUm v. Dibhin, 2 a B. 646.
(m) Morritt v. N. E. By. Co., 1 Q. B. D. 302.
(n) Ibid. p. 308.
(o) Ream v. L. & 8. W. By. Co., 10 Ex. 793; and of. Piandam
V. L. & 8. W. By. Co., 18 0. B. 226.
{p) MorriU v. N. E. By. Co., 1 Q. B. D. 308; and see below,
pp. 141, 143.
(g) Hart v. Baxendale, 6 Ex. 769; Pianciani v. L. & 8. W. By.
Co., 18 0. B. 226.
THE CABBIEBS ACT — LIMITATION OF LIABILITY OF CARRIERS. 125
the publio mails, stage ooaohes, waggons, vans, and other
publio oonvejanoes by land for hire, parcels and packages
containing money, bills, notes, jewellery, and other articles
of great value in small compass," &c. ; but these words do
not limit the application of the Act to articles of small
size, if they come within the description mentioned in the
Act (r). And a waggon containing articles of the kind
mentioned, but open at the top so that the carrier could
see the articles, has been held to be a parcel or package
within the Act («). The question whether the articles in
question are or are not within the description contained in
the Act is a question of fact (f).
On the increased charge being paid, or an agreement to Beoeipt.
pay the same accepted, the carrier must, if required, give a
receipt for the parcel, acknowledging it to have been insured,
and this receipt is not liable to stamp duty. Should the Tentlty.
carrier fail to give such receipt when required, or to affix the
notice above mentioned in his office, he is to lose all ad-
vantage under the Carriers Act, and be liable as at common
law(«).
The publication of any notice or declaration by a Noticenot to
carrier, however, since the passing of the Carriers Act, is ' ^'
not to limit the liability of the carrier in respect of any
goods, except those to which the Act applies (v) ; but the Special
Act does not affect special contracts entered into between ^^
the carrier and other parties {x) ; while, at the same time,
the existence of a special contract does not prevent the
carrier from taking the benefit of the Carriers Act, unless
there is something in the special contract inconsistent with
the goods having been received by the carrier as a common
(r) Owen v. Burnett, 2 Cr. & M. 363.
(«) Whaite v. Lane, ds Twh, By. Co,, L. E. 9 Ex. 67.
\t) Woodvoard v. L, & N. W. By. Co., 3 Ex. D. 121 ; Brunt v.
Mid. By. Co,, 2 H. & C. 889.
(w) Carriers Act (1 WiU. IV. c. 68), s. 3.
{v) Ibid. B. 4.
{x) Ibid. 8. 6.
126 CARRIAGE OF MERCHANDISE BT RAILWAY.
oairier (y) . Apart from sect. 7 of the TraflSo Act of 1854 (z) ,
in order to constitute a special contract, it need not neces-
sarily be signed by the parties : thus, a ticket with printed
conditions which have been brought to the notice of the
consignor has been held to be a special contract and not a
public notice (a).
Thus, a contract may be inferred from notice by the
carrier to his customer, and the customer haying subse-
quently sent goods to be carried without objecting to the
terms of the notice {b).
Special A great number of contracts are made by the delivery
Mflc^.ract, ow ^^ ^^^ ^^ ^^^ contracting parties to the other of a docu-
ment in a common form stating the terms upon which the
person delivering it will enter into the proposed contract.
8uch a form constitutes the offer of the person tendering
it, and if it be accepted without objection by the person to
whom it is tendered, this person is, as a general rule, bound
by its contents, and his £U3t amounts to an acceptance of
the offer, whether he reads the document or otherwise
informs himself of its contents or not (c).
To this genertd rule there are several exceptions which
have been grouped under the following heads : —
(1.) From the nature of the transaction the person
accepting the document may reasonably suppose
that the document contains no terms at all (d).
(2.) In the case of fraud, as if the conditions were
printed in such a manner as to mislead the person
accepting the document.
(3.) If, without being fraudulent, the document is mis-
(y) Baxendale v. G. E. By. Co,, L. E. 2 Q. B. 244.
(z) See j>o«^, p. 132.
(a) G. N. By. Co. v. MorvilU, 21 L. J. Q. B. 319 ; Walker v.
York. & N. M. By. Co., 2 E. & B. 750 ; York. N. & B. By. Co. v.
Crisp, 14 C. B. 627.
(5) Walker v. York. & N. M. By. Co., 2 E. & B. 760.
(c) Watkina v. Bymill, 10 Q. B. D. 178, 188, per Stephen, J.
(d) Parker v. 8. E. By. Co., 2 0. P. D. 416.
THE CARRIERS ACT — ^LIMITATION OF LIABILITT OF CARRIERS. 127
leading and actaallj misleads the person to whom
it is presented (&).
(4.) The conditions may be nnreasonable in themselves or
irrelevant to the main purpose of the contract. As
if a ticket given to a person depositing luggage in
a cloak room provided that the luggage, if not
removed within two days, should become the
absolute property of the company (/).
Further, any office used by the carrier is to be deemed Offloo.
to be his receiving house, warehouse, or office {g). So an
inn, where the carrier was in the habit of receiving parcels,
has been held to be his office, warehouse, or receiving
house within the meaning of the Act (A). And any one
man contractor, stage coach proprietor, or carrier, is to be
liable to be sued for injury or damage to the goods, and
the action not to abate for want of parties (i).
Where the Act has been complied with, and the in- Damagpes f or
creased charges paid in respect of any parcel, and loss or ^' "*J"y«
damage ensues, the party entitled to recover damages in
respect of such loss or damage may also recover back the
increased charge so paid in addition to the value of the
parcel {k).
In case of loss or injury to a parcel containing goods
which come within the Act, the declared value is not con-
clusive as to the value of the parcel, but the carrier is
entitled to require from the party suing proof of the
actual value of its contents by ordinary legal evidence, and
is liable to such damages only as may be proved, not
(«) Henderson y. Stevenson^ L. B. 2 H. L. Sc. 470.
(/) See Parker v. 8. E. By, Co., 2 C. P. D. 416 ; but there seems
to be no absolute decision on this point. Watkins y. £ymiU, 10
Q. B. D. 189.
(g) Carriers Act (1 Will. IV. c. 68), s. 6.
(A) Syma v. Chaplin, 5 A. & B. 634 ; Stephens v. L. & S. W. By.
Co., 18 Q. B. Div. 121.
(0 Carriers Act (1 Will. IV. c. 68), s. 6.
{k) Ibid. B. 7.
128 GARRIA6B OF MERCHANDISE BT RAILWAT.
exceeding the declared value, together with the increased
charges as above stated (/). It seems that the ^' value " of
the goods for the purpose of the Act is that which the
consignee has agreed to pay, and not that at which they
were bought by the consignor (m). In such actions the
carrier may pay money into Court in the same manner
and with the same effect as in other actions (n). And
where the Carriers Act is relied on it need not be specially
pleaded (o).
wafulmia- The protection afforded by the Cajriers Act does not
feioiiy° cover acts of wilful misconduct on the part of the carrier
or his servants, and sect. 8 provides that " Nothing in this
Act shall be deemed to protect any mail contractor, stage
coach proprietor, or other common carrier for hire, from
liability to answer for loss or injury to any goods or
articles whatsoever arising from the felonious acts of any
coachman, guard, book-keeper, porter, or other servant in
his or their employ, nor to protect any such coachman,
guard, book-keeper or other servant from liability for any
loss or injury occasioned by his or their own personal
neglect or misconduct." So if, in reply to a defence
under the Carriers Act, felony is set up, the question of
negligence is immaterial (p). And the plaintiff need not
show such evidence of felony as would be necessary to
convict a particular servant, provided he makes out a
primd facie case that the goods were stolen by the servants
of the carrier {q). And a statement by a station-master to
a policeman that the parcel is missing, and that a servant,
to whom it would in the ordinary course have been
(Q Carriers Act (1 Will. IV. c. 68), s. 9.
(m) Blankenaee v. L. & N. W. By, Co., 46 L. T. 761.
(n) Carriers Act (1 Will. IV. o. 68), s. 10.
(o) Ibid, 8. 11.
Ip) 0. W, Ry. Co, V. Rimdly 18 C. B. 676 ; Mekalfe v. Z. <fc B.
By. Co.y 4 C. B. N. S. 307.
(j) VaughUm v. L, & N. W. By. Co., L. B. 9 Ex. 93; M* Queen r.
G. W. By. Co., L. B. 10 Q. B. 669.
THE GARBIBRS ACT — ^LIMITATION OF LIABILITY OF CARBIBRS. 129
delivered, has absconded, with a request to the polioe to
make inquiries for him, has been admitted as evidence to
prove the felony (r). So it was considered that a primd
facie case had been made where the goods had been traced
to the possession of a servant, who had dealt with them as
his own, and his possession of them was not accounted
for(«).
On the other hand, it is not sufficient, in order to make Eyidenoe held
out Sk primd facie case of felony by the carrier's servants, to ^ " ^^ '
show merely that the goods have been lost or tampered
with (^), or that the goods were last seen in the possession
of the carrier's servant in the ordinary performance of his
duty (u), or that the carrier's servants had greater facilities
of access to the goods than other persons (r).
A servant of the carrier's agent for delivery is a servant Who is a
of the carrier within the meaning of the section (x) ; but if
a person fraudulently represents himself to a clerk of the
carrier to be the servant of the carrier, the carrier is not
estopped from showing that he is not in fact his servant (y).
The provisions of the Carriers Act are now somewhat
out of date, and have from time to time caused dissatisfac-
tion. In particular, it will be observed that there is no
restriction whatever placed upon the additional charge
which the carrier may make for insuring goods which
come within the Act.
The subject of the Carriers Act was considered by a
House of Commons' committee which was appointed in
(r) Kirhstdll Brewery Co. v. Fumesa By, Co., L. E. 9 Q. B. 468.
{a) Boyce v. Chapman, 2 Bing. N. C. 222 ; and see Vaughton v.
L. A N. W. By. Co., L. E. 9 Ex. 93.
(«) Metcalfe v. L. <fc B. By. Co., 4 C. B. N. S. 307 ; O. W. By. Co.
V. BvmtU, 18 0. B. 676.
(tt) Gogarty v. O. 8. & W. By. Co., I. E. 9 C. L. 233.
(v) M* Queen v. O. W. By. Co., L. E. 10 Q. B. 669 ; Turner v.
0. W. By. Co., 34 L. T. (N. S.) 22.
(«) Machu V. L. & 8. W. By. Co., 2 Ex. 415; Stephens v. L. & 8.
W. By. Co., 18 Q. B. Div. 121.
(y) Way V. G. E. By. Co., 1 Q. B. D. 693.
D. K
180
CARRIAGE OF XERCHAXDISE BT RAILWAY.
1875, and reported in 1877, lecommendnig that the
nummmn rate of insurance ought to he fixed hy law, and
the eighth section of the Carriers Act repealed. But
seyeral railwaj companies (z) proposed to the conunittee
to bind themselves for a period of five years to insure all
goods within the Act upon the terms set oat in the
schedule to the report, and not to alter those terms or
conditions without giving to the President of the Board of
Trade, and, as far as might he, to the public, notice of
their intention to make such a change.
The schedule to the report is substantiallj as follows : —
BaU$ /or the Insurance of valuable Parcels and Goods forwarded iy
Passenger or Goods Train,
Until further notice, all the railway companies will charge the
following redaced rates for insorance over and above the common
and ordinary rate of charge for carriage for parcels and packages
of any of the goods enumerated in the under-mentioned dasaifica-
tion of articles included in an Act of Parliament commonly called
the Carriers Act.
10. Jewellery from or to manu-
facturers or factors.
11. Watches.
12. €k>ld and silver plate.
13. Hand-made lace.
14. £ngravings.
15. Trinkets.
16. Bank notes.
17. Title deeds.
18. Writings.
19. Bills of exchange.
20. Orders, notes, or securities
for payment of money,
English or foreign.
Class \.
\: Stamps.
2. Maps.
3. Bilks, or goods mixed with
silk, where silk is more than
30 per cent, of the value.
4. Furs.
6. Clocks.
6. Timepieces.
7. Plated articles.
8. Coins, gold and silver.
9. Gold and silver, manufac-
tured or unmanufactured.
(«) The L. & N. W. By. Co., Mid. By. Co., G. W. By. Co.,
G. N. By. Co., G. E. By. Co., N. E. By. Co., S. B. By. Co.,
L. B. & 8. 0. By. Co., L. & 8. W. By. Co., M. 8. & L. By. Co.,
Lane. & York. By. Co., Fumess By. Co., Caledonian By. Co.,
N. B. By. Co., North British By. Co., N. 8. By. Co., L. C. & D.
By. Co., 8. Devon & Cornwall By. Co., B. & E. By. Co., Taff Vale
By. Co., Glasgow & 8. W. By. Co.
THE CARRISBS ACT — LIMITATION OF LIABILTTT OP CARRIEBS.
131
Class 2.
1. Glass of all kinds, except as
named in Class 4.
2. China from manufacturers
or factors.
3. Precious stones, set or unset.
4. Jewellery not from or to
manufacturers or factors.
Class 3.
1. Pictures and paintings.
Class 4.
1. Plate glass in plates exceed-
ing 36 ft. superficial in size
out.
2. Glass (stained).
3. Glass (silvered).
4. Glass (bent).
6. China, other than from
manufacturers or factors.
[N.B. — ^In mixed silk goods, where there is less than 30 per cent,
of silk, the exemption of the Carriers Act is not to be pleaded at
all, but all such goods are to be carried at the carrier's risk.]
ICAzmrv
1
Between Stationa in Great
Between Stations in
Great Britain and Ports in Irdaad
CnABoi
and the BritiBh lalee.
for—
1
1
CL
I.
a.
n.
a.iiL
a. IV.
a.
I.
CLn.
01. ITT.
CLIV.
Lbs.
».
d.
8.
d.
8.
d.
8.
d.
8.
d.
8,
d.
8,
d.
«. d.
25 or less . .
3
6
1
3
2
6
9
1
6
3
9
7 6
26 to 50 ... .
6
1
2
6
6
1
6
3
7
6
16
61 — 75 ....
9
1
6
3
9
7
6
2
3
4
6
11
3
22 6
76—100 ....
1
2
6
10
8
6
16
30
101—126 ....
1
3
2
6
6
3
12
6
3
9
7
6
18
9
37 6
126—150 ....
1
6
3
7
6
16
4
6
9
22
6
46
161—176 ....
1
9
3
6
8
9
17
6
6
8
10
6
26
3
62 6
176—200 ....
2
4
10
20
6
12
30
60
201—226 ....
2
3
4
6
11
3
22
6
6
9
13
6
33
9
67 6
226—260 ....
2
6
6
12
6
26
7
6
16
37
6
75
261—276 ....
2
9
6
6
13
9
27
6
8
3
16
6
41
3
82 6
276—300 ....
3
6
16
30
9
18
45
90
801—326 ....
3
3
6
6
16
3
32
6
9
9
19
6
48
9
97 6
326 350 ... .
3
6
7
17
6
36
10
6
21
62
6
105
861—375 ....
3
9
7
6
18
9
37
6
11
8
22
6
66
3
112 6
376—400 ....
4
8
20
40
12
24
60
120
401—426 ....
4
3
8
6
21
3
42
6
12
9
25
6
63
9
127 6
426—460 ....
4
6
9
22
6
46
13
6
27
67
6
136
461-^76....
4
9
9
6
23
9
47
6
14
3
28
6
71
3
142 6
476—600 ....
6
10
26
60
16
30
76
160
The above charges apply irrespective of distance.
The above classification scale of charges and following conditions
apply whether the articles be conveyed by goods or passenger train,
but parcels up to and including 28 lbs. in weight are to be insured
only when sent by passenger train.
k2
182 CARRIAGE OF MERCHANDISE BT RAILWAY.
CHAPTER X.
SPECIAL CONTRACTS AND SECnON 7 OP THE RAILWAY AND
CANAL TRAFFIC ACT, 1864.
We have seen that under the Carriers Act, while the
earner was precluded from limiting his liability in regard
to goods which did not come within that Act by general
notices, his power to enter with the consignor into a special
contract with regard to the carriage of the goods was
expressly retained (a). After the establishment of railway
companies it was soon found that they possessed a practical
monopoly on their respective lines, and were able to insist
upon special contracts, not merely limiting their liability,
but freeing themselves from responsibility, even for gross
negligence. This conduct gave rise to genertd dissatisfac-
tion, and also caused much litigation (b). To meet this,
sect. 7 of the Railway and Canal Traffic Act was passed.
The section provides : —
<< Every such company as aforesaid shall be liable for the
loss of or for any injury done to any horses, cattle, or other
animals, or to any articles, goods, or things in the receiving,
forwarding, or delivering thereof, occasioned by the neglect
or default of such company or its servants, notwithstanding
any notice, condition, or declaiation made and given by
such company contrary thereto, or in anywise liTniting
(a) See anUt p. 125.
(b) See Carr v. Lane, & York, By, Co,^ 7 Ex. 707 ; Walker v.
r. & N. M. By, Co., 2 E. & B. 750 ; PardingUm v. 8. Wales By, Co.,
1 H. & N. 392.
SPECIAL OONTRAGTS. 133
such liability ; every such notice, conditio^, or declaration
being hereby declared to be null and void : provided (l) Oonditioii
always, that nothing herein contained shall be construed able.
to prevent the said companies from making such conditions
"with respect to the receiving, forwarding, and delivering
of any of the said animals, articles, goods, or things as
shall be adjudged by the Court or judge before whom any
question relating thereto shall be tried, to be just and
reasonable : "provided always, that no greater damages (2) Liability
shall be recovered for the loss of, or for any injury done certain
to any of such animals, beyond the sums hereinafter men- ^^^^J*^^®
tioned ; (that is to say) for any horse, fifty pounds ; for
any neat cattle, per head, fifteen pounds ; for any sheep,
or pigs, per head, two pounds ; unless the person sending or
delivering the same to such company shall, at the time of
such delivery, have declared them to be respectively of higher
value than as above mentioned ; in which case it shall be
lawful for such company to demand and receive, by way
of compensation for the increased risk and care thereby
occasioned, a reasonable percentage upon the excess of
value so declared above the respective sums so limited as
aforesaid, and which shaU be paid in addition to the
ordinary rate of charge ; and such percentage or increased
rate of charge shall be notified in the manner prescribed
in the statute eleventh George Fourth and first William
Fourth, chapter sixty-eight, and shall be binding upon
such company in the manner therein mentioned : pro- (3) Proof of
vided also, that the proof of the value of such animals, ^a^wlt.
articles, goods, and things, and the amount of the injury
done thereto, shall in all cases lie upon the person claiming
compensation for such loss or injuryj^ provided also, that W Contract
no special contract between such company and any other **^
parties respecting the receiving, forwarding, or delivering
of any animals, articles, goods, or things as aforesaid shall
be binding upon or affect any such party imless the same
be signed by him or by the person delivering such animals,
articles, goods, or things respectively for carriage: pro-
134 GABRIAGE OF MERCHANDISB B7 RAILWAY.
rj) SaYingof vided also, that nothing herein contained shall alter or
aSeot the rights, privileges, or liahilities of any such com-
pany under the said Act of the eleventh Q-eorge Fourth
and first William Fourth, chapter sixty-eight, with respect
to articles of the descriptions mentioned in the said Act."
Extent of This section only applies to the receiving, forwarding,
"^ ^^' or delivering of traffic by a railway company; conse-
quently, it does not apply to a condition exempting the
company from liability on a railway not belonging to or
worked by the company, and if a company issue a ticket
containing such a condition and amounting to a special
contract, they will be protected in the case of loss not
occurring on their own line{c); but in such a case the onus
of proof is on the railway company to show that they have
delivered the traffic out of their own custody (d). We have
already discussed what, apart from this section, constitutes
a special contract (&).
Waiehonsmg. Nor does the section apply where the railway company
are acting in a different capacity, for instance, as ware-
housemen (/).
Traffio bj sea. Since the passing of the Bailways Clauses Act of 1863(^),
where a railway company are authorized to use or employ
steam vessels, the Railway and Canal Traffic Act, 1854, is
made applicable to such steam vessels and to the traffic
carried thereby (A). Consequently this section is incor-
porated, and to protect themselves in such a case by
special conditions, a railway company must comply with
the requirements of this section (i).
yjjoaBor The words "loss or injury" are the same as in the
injury "
(c) Zunz V. 5. E. Ry. Co., L. E. 4 Q. B. 639.
\d) Kent v. Mid, By. Co., L. E. 10 Q. B. 1.
(e) See ante, pp. 125, 126.
(/) Van Toll v. 8. E. By. Co., 31 L. J. 0. P. 241.
(}) 26 & 27 Vict. c. 92.
{h) Ibid. 8. 31.
(t) Doolan v. Mid. By. Co., 2 App. Gas. 792.
SPECIAL CONTRACTS. 135
Carriers Act, and would probably be held to have the
same meaning {ani€y p. 124). They have, however, in
one case, been assumed to apply to injury caused by loss
of market arising from delay {j).
It is important to notice, however, that the words of "Neffleotor
the Act are " loss or injury *' occasioned by the " neglect
or default" of the company, and on one occasion the
majority of the Court of Exchequer Chamber, differing
thereon from the Court below, seem to have considered
that where there was no misconduct on the part of the
company, and the loss or injury arose from pure accident,
the section had no application (k). If that be so, it would
seem that where the loss or injury was due to pure acci-
dent, the railway company might be protected by special
contract, though not reasonable, or in writing, or signed
by the owner or consignor; but the point is still im-
decided.
The fact that horses, cattle, sheep, and pigs are specifi-
cally mentioned in the second proviso does not prevent the
section applying to other animals. Thus it extends to
dogs (/). Also it applies to passengers' luggage, whether
carried in the van or taken with the passenger (m).
This section has caused considerable difference of judicial
opinion, and given rise to much litigation. The section
appears in the Traffic Act of 1854 (n), but (except that it
relates to the carriage of goods) has no reference to the
other sections of that Act, which deal with the jurisdiction
of the Court of Common Pleas over cases of undue pre-
(y) Finlay y. N, Brit Ry. Co,^ 8 Ot. Sees. Gas. 959, a decision in
favour of the railway company.
{k) Harrison v. X. B. & 8. C, By. Co., 2 B. & S. 122.
(0 Dickson v. G. N. By. Co., 18 Q. B. Div. 176 ; Ashendon v.
L. B. <k 8. C. By. Co., 5 Ex. D. 190; Harrison v. L. B. <fc 8. 0,
By. Co., 2 B. ft S. 122.
{m) Bunch v. O. W. By. Co., 13 App. Gas. 31 ; 17 Q. B. Div. 215;
Co?ien y. 8. E. By. Co., 2 Ex. Div. 253, overruling Stewart v. L. <fc
N. W. By. Co., 3 H. & 0. 135.
{n) 17 & 18 Vict. c. 31.
136 CARRIAGE OF MERCHANDISE BY RAILWAY.
ferenoe shown by railway oompanies, the affording of
reasonable facilities, and the like. It will be observed
that the section consists of an enactment followed by five
provisoes, and it was not until the question had been
raised in the Exchequer Chamber no less than four
times (n) that it was finally decided that all parts of the
section were to be read together, and that the conditions
which a railway company can impose must not only be
just and reasonable, but must be embodied in a special
contract in writing, signed by the owner or sender of the
goods.
Feeh v. N, This WM decided in Peek v. N, Staffordshire Ry. Co. (o),
By, Co. *^^ which may be considered the leading case on this section.
The facts were as follows: — The owner of some marble
chimney-pieces desired to send them to London. Messages
and notes passed between him and the agent of the railway
company as to the terms on which they were to be carried.
The agent stated that the company would not be responsible
for damage to the goods, unless their value were declared,
and they were insured ; the rate of insurance being 10 per
cent, on the declared value. Ultimately the agent received
a note signed by the plaintiff's agent, requesting that the
marbles might be sent " not insured" ; they were sent and
suffered damage. The House of Lords held, after hearing
an elaborate argument by the judges, that there was no
contract Bigned by the parties within the meaning of the
section ; that the note could not be so connected with the
other communications as to constitute the required contract;
and that, the parties being left to their rights and liabilities
at common law, the plaintiff was entitled to recover.
In order, therefore, that a railway company may limit
its liability in case of loss of or injury to goods carried by
(n) McManus v. Lane, <Ss York, By, Co,, 4 H. & N. 827 ; Peek v.
N. 8, By, Co., Ell. Bl. & Ell. 958 ; Harrison v. L. <k B, By, Co., 2
B. & S. 122, 162 ; Beal v. 8. D, By, Co., 6 H. & N. 875 ; 3 H. & C.
337.
(o) 10 H. L. 0. 473.
SPECIAL CONTRACTS. 137
it by means of a special contract, the contract must comply
with three conditions: —
(1.) It must be reasonable.
(2.) It must be in writing.
(3.) It must be signed by the party to be bound by the
contract, or the person deliyering the goods to the
company.
If a railway company set up a condition in a special ^U?®***^"
contract to qualify or restrict their conmion law liability, q^^
the onus of showing that it is a reasonable condition rests
upon the railway company who allege it (p) . The question
of what is a reasonable condition is, generally, a question
of mixed law and fact {q)y and must be decided upon the
oiroumstances of each case (r). But, generally speaking, a
condition limiting the railway company's liability is reason-
able if it is accompanied by compensating advantages to
the customer, such as cheapness and the like, and the
customer has the altematiye of getting rid of the con-
dition on reasonable terms («).
The 7th section of the Traffic Act of 1854, however, AltemAtlTe
does not authorize a company to charge more than their ^ '
maximum, except in the cases specifically mentioned.
Where, therefore, two rates are ofPered, a higher one at
company's risk, and a lower one at owner's risk, the higher
rate must be within the maximum (t).
In the case, however, of the animals specifically mentioned,
that is, horses declared to be of greater value than 50/.,
{p) Peek V. N. Staff. By. Co., 10 H. L. 0. 473 ; Dickson v. G. N.
By. Co., 18 Q. B. Div. 176, per Lord Esher ; and bbq M. 8..d: L.
By. Co. V. Brown, 8 App. Gas. 473, per Lord Watson.
(j) Ltduon V. Q. N. By. Co., 18 Q. B. Div. 176, per Esher,
M.B.
(r) Gregory v. West Mid. By. Co., 2 H. & 0. 944 ; JIf. 5. <fc Z.
By. Co. V. Brown, 8 App. Gas. 473.
(«) M. 8. <k L. By. Co, v. Brown, 8 App. Gas. 703.
(«) Peek V. N. Staff. By, Co., 10 H. L. Gas. 473, per Gookbum,
0. J.
138
CARBIAOE OF MERCHANDISE BT RAILWAY.
Declaration
as to valae.
Beasonable.
cattle of greater value than 15/., and sheep or pigs of greater
value than 21. y the company may charge a reasonable
percentage upon the excess of the value so declared above
the respective sums so limited, which may be in addition
to the maximum (u). In the case of such animals,
however, below the value mentioned, and all other kinds
of animals, the company's risk rate must be below the
maximum.
In order to entitle the company to a charge in excess of
their maximum, the declaration that the animal is worth
more than stated in the Act must have been actually made,
and the knowledge of the company as to the value of an
animal, not derived from a declaration to that effect, will
not enable them to charge an increased rate under the
section (t?), and the declaration must have been made by
the sender that it should operate so as to enable the
company to charge the higher rate (w).
But if a consignor of horses make a declaration that his
horses are not worth more than 10/. each, and they are
injured on the way, he is estopped from denying the truth
of his declaration (x).
The following conditions have been held to be just and
reasonable : —
That the company should carry traflBc at " owners' risk
for a rate lower than the ordinary rate, a reasonable
alternative rate being offered at which they would carry
as insurers" (y).
That the company should not be responsible under any
circumstances for loss of market or other loss or injury
arising from delay or detention of train, exposure to weather,
(m) Peek V N. Staff. By. Co., 10 H. L. Cae. 473.
(v) Bobinsan v. X. & 8. W. By. Co., 34 L. J. 0. P. 234.
(w) Ibid,
(x) McCance v. L. & N. W. By. Co., 3 H. & 0. 343.
(y) Lewis v. G. W. By. Co., 3 Q. B. Div. 195; M. S. & L. By.
Co, V. Brown, 8 App*. Cas. 703.
SPECIAL 00MTRACT8. 139
stowage, or from any cause whatever other than gross
neglect or fraud (s).
That claims for damage should be made within seyen
days (a) ; but whether this would be held reasonable in the
case of animals has been doubted in an Irish case (6).
Where the company carry luggage for ordinary passen-
gers free of charge, a condition that luggage carried for
passengers who are charged less than the ordinary rate is
reasonable (c).
On the other hand, the following haye been held to be UnreaBonable
tmreasonable conditions, and therefore void : — oonditioiia.
That the company would not be responsible for damage
to marbles sent by railway unless their value were declared
and an insurance premium of 10 per cent, on the declared
value paid (d).
That the company would not receive dogs for convey-
ance except upon the terms that they should not be respon-
sible for loss or damage to the dogs beyond 2/., unless a
percentage of 5 per cent, were paid on the declared excess
of value beyond 2/. ; the rate for insurwce being con-
sidered too high {e).
" That the company would not in any case be liable for
loss or damage to a horse or other animal above the value
of 40/., or any dog above the value of 5/., unless a declara-
tion of its value, signed by the owner or his agent at the
time of booking, shall have been given to them " (/) ; but
(z) Beat V. South Devon By. Co,, 3 H. & C. 337 ; Lord v. Mid,
By. Co,, L. B. 2 0. P. 339.
(a) Leufia v. G. W. By, Co,, 5 H. & N. 867.
(6) Mo(yre v. C. N, By, Co,, 10 L. B. Ir. 95.
(c) BwTMey v. N. E. By. Co., 14 0. B. N. S. 641.
\d) Peek v. N. Staff. By. Co., 10 H. L. 0. 574.
(e) Dickson v. G. N. By. Co., 18 a B. Div. 176. Koie.— It is
obyiotiB that in both this case and the one last mentioned the rate
required by the railway company might easily have exceeded their
TnaTTiTTinTn , which this section gives the companies no power to do.
(/) Aihendon v. L. B. A S, C. By. Co., 6 Ex. D. 190. So far as
"■'■■■■fln
140 CARRIAGE OF MERCHANDISE BT RAILWAY.
Unreasonable it appears that if the company had merely limited their
common law liability by stipulating that they should not
be liable for loss resulting from mere accident, without
neglect or default on their part, the condition would have
been reasonable and valid {g).
That the ^'company would not be amenable for any
consequences arising from detention or delay in or relative
to the conveying or delivery of the said animals however
caused" (A).
That the owner should '^ underta.ke all risk of loading,
unloading, and carriage, whether arising from the negli-
gence or default of the company or their servants, or from
defect or imperfection of the station, platform,' or other
places of loading or imloading, or of the carriage in which
the cattle may be loaded or conveyed, or from any other
cause whatever," although the company gave a free pass to
the persons in charge of the cattle (e).
" That with respect to any animals booked through by
the company or their agents for conveyance partly by
railway and partly by sea, or partly by canal and partly
by sea, such animals will only be conveyed on the condi-
tion that the company shall be exempt from any liability
for any loss or damage which may arise during the
carriage of such animals by sea, from the act of God,
accidents from machinery, and all and every other damages
and accidents of the seas, rivers, and navigation of what
nature and kind soever, in the same maimer as if the
company had signed and delivered to the consignor a bill
of lading containing such condition. Nor will the com-
* Sie. pany be responsible for loss of or damage to animak*
Harrison v. Z. B, & S, C, By, Co, (2 B. & S. 122) is in antagonism
to this case, it must be considered to have been overruled by Peek
V. N, Staff, By, Co., 10 H. L. Gas. 474.
{g) Ashendon v. L. B, & 8. C, By, Co,, 5 Ex. D. 194, per Haw-
kins, J,
{h) AUday v. G. W, By, Co., 6 B. & S. 903.
(») Booth V. N, E. By. Co., L. E. 2 Ex. 173.
SPECIAL CONTRACTS. 141
arising from the dangers or aooidents of the sea, or of steam xriirBaaocuiUe
nayigation, the act of Gtod, jettison, barratry, oollision,
improper, oarelees, or unskilful navigation, accidents con-
nected with machinery, or boilers, or any default or .
negligence of the master or any of the officers or crews of
the company's vessels " (A;) . It was also held that the words
company's vessels applied to vessels employed by the
company as well as to those owned by them.
That the company would not be liable to loss of animals
occasioned by overcrowding (/).
That the company would not be responsible for the
owner obtaining his own cattle (m).
That the company should not be liable for damage
unless pointed out at the time of unloading (n).
That the company will not be accountable for the loss,
detention, or damage of any package insufficiently or
improperly packed, marked, directed, or described, or
containing a variety of articles liable by breakage to
damage each other (o).
That the company will not be responsible for a passen-
ger's luggage unless fully and properly addressed with the
name of the owner (p).
The condition relied on must be in writing ; and although (2) In writing,
it appears that it is not essential for the document con-
taining the condition to be on the same piece of paper
with the signature of the person delivering the goods or
against whom it is to be used, yet, having regard to the
strict wording of the Act, it is advisable that it should be
so, and in any case the document containing the condition
must be so incorporated by reference in the document con-
{k) Doolan y. Mid, By, Co., 2 App. Gas. 792.
(0 Corrigan y. G. N. By. Co., 6 L, E. Jr. 91.
{m) McNally v. Lane. <fe York. By, Co., 8 L. B. Jr. 81.
(n) Lloyd v. Waterford & Limerick By, Co., 16 Ir. 0. L. 37.
(o) Simons v. O, W. By, Co,, 26 L. J. 0. P. 25; Garton v. Bristol
& Exeter By. Co,, 1 B. & S. 112.
{p) Cutler V. N. London By, Co,, 19 Q. B. D. 64.
142
CARRIAGE OF MERCHANDISE BT RAILWAY.
taining the signature as to leave no room for doubt as to
what is the document referred to, and to make the two
pieces of paper virtually one document (r).
(8) Signatme. The owner is bound by reasonable conditions, if signed
by a servant on his behalf, even though the servant cannot
read («) ; and it has been held sufficient where the condi-
tions were signed by a railway agent employed by the
consignor to deliver the goods to the company (^). The
section, however, must be complied with, and the conditions
signed either by the person against whom they are used or
by the person delivering them to the company. And so,
although a consignor might make one of the company's
servants his agent for signing the conditions, a railway
company permitting its servants to sign such conditions
would be acting unwisely. The question would imme-
diately arise whether delivery to the servant was not con-
structive delivery to the company.
The section only requires the conditions to be signed by
the owner of the traffic if they are to be used against him,
and so, though not signed by the owner, the railway com-
pany may set them up as a special contract under sect. 6
of the Carriers Act {u).
A contract to carry at "owner's risk" only absolves the
company from liability owing to accident in the ordinary
course of transit, but does not protect the company from
liability owing to delay («?), or owing to the goods being
carried in an unusual manner (w).
Where there are special conditions of carriage exone-
rating the company from liability, and an exception is
inserted for wilful misconduct on the part of the compcmy,
this means wilful misconduct with a knowledge that it
(r) See Peek v. N. Staff. By. Co., 10 H. L. 0. 473.
(») Kirhy v. G. W. Ry. Co., 18 L. T. (N. S.) 658.
\t) Aldridge v. G. W. By. Co., 16 0. B. N. S. 682.
(tt) Baxendale v. O. E. By. Co., L. R. 4 Q. B. 244, 254.
\v) Bobinson v. G. W. By. Co., L. B. 1 0. P. 329 ; D*Arc v. Z.
(£; N. W. By. Co., L. B. 9 C. P. 325.
{w) Ponti/ex v. Hartley, 8 Times L. B. 657.
Owner's riak.
■WnfT2lmi8-
conduot.
SPECIAL ooi^TBAcrrs. 143
will lead to inj 1117(2?). There is no neoessity that a
Griminal intention should he made out. So where a railwaj
company having carried goods from one station to another,
the station master at the place to which they were carried,
without making any inquiries of the consignor, after the
delay of a week delivered the goods not to the consignee,
but to a person of a name very similar, the delivery was
held wilful misconduct (y).
Where under a special contract for the carriage of I>088, deten-
cattle, duly signed, the company were not to he liable for ^^ ^' ^™^*
any loss, detention, or injury to the animals, except it
arose from wilful misconduct on the part of the company
or its servants, and the cattle were detained at the delivery
terminus in consequence of the clerk of the company
having omitted to enter them as carriage paid, it was held
that the withholding of the cattle upon a groundless claim
was not ^^ detention " of them within the conditions, and
that the company were liable (s).
And, although a railway company may have contracted Kegllgenoe.
themselves out of their liability as common carriers or
insoi^TB of the goods they carry, they may stiU be Kable
if the damage to the goods arises from the negligence of
the company or their servants {a). So, whero the owner
of a cow had agreed that the company should not be
Uable for " any loss or injury to cattle in the receiving,
forwarding, or delivering, if such damage be occasioned
by the kicking, plunging, or restiveness of the animal," it
was held that the damage to the cow being caused by the
negligence of the company's servant in delivering, the
company were liable (6).
(oc) O. W. Ry. Co, V. Gleniater, 29 L. T. 422 ; Wehh v. G, W. By.
Co., 26 W. R. Ill ; LewU v. G, W. Ry. Co,, 3 a B. D. 206.
(y) Hoare v. G. W. Ry. Co., 37 L. T. (N. S.) 186,
(2) Gordon v. G. W. Ry. Co., 8 Q. B. D. 44.
(o) Gill V. M. 8. & L. Ry. Co., L. R. 8 a B. 186; MaHin v.
Great Indian Fen, Ry. Co,, L. R. 3 Ex. 9.
(ft) Gill V. M. B. & L. Ry. Co., L. B. 8 Q. B. 186.
144 CAKR1AGE OF MERCHANDISE BY RAILWAY.
Gross negli- Where a contract provided that a company should not
^^^' "be liable " except in the case of gross negligence or fraud,"
the Court, holding the contract to be reasonable, said, ''In
the case of a carrier or other agentholding himself out for the
careful and skilful performance of a particular duty, gross
negligence includes the want of that reasonable care, skill,
and expedition, which may properly be expected from
persons so holding themselves out and their servants."
"The company, therefore, properly speaking, exclude
their liability as insurers, and not their liability for
reasonable care, skill, and expedition " (o).
(c) Beal V. South Devon By: Co,, 3 H. & 0. 337 ; and cf. Carr v.
Lane, & York, By. Co,, 7 Exch. 707.
( 145 )
CHAPTER XI.
EXPLOSIVES AND DANGEROUS GOODS.
The carriage of explosives and dangerous goods forms the
subject of special legislation. And, so far as rates are oon-
cemedy they are placed in the exceptional class, and it will
be observed that the rates chargeable for their carriage are
not limited as in the case of other traffic, but are " such
reasonable sum as the company may think fit in each
case " (a).
The Railways Clauses Act, sect. 105, provides : —
'' No person shall be entitled* to carry, or to require the
company to carry, upon the railway any aquafortis, oil of
vitriol, gunpowder, lucifer matches, or any other goods
which in the judgment of the company may be of a
dangerous nature ; and if any person send by the railway
any such goods without distinctly marking their nature
on the outside of the package containing the same, or
otherwise giving notice in writing to the book-keeper or
other servant of the company with whom the same are left
at the time of so sending, he shall forfeit to the company
twenty pounds for every such offence, and it shall be law-
ful for the company to refuse to take any parcel that they
may suspect to contain goods of a dangerous nature, or
require the same to be opened to ascertain the facf
It will be noticed that this section gives the railway
company a very large discretion as to what are goods of a
dangerous nature. Probably railway companies could not
(«) See post, p. 210.
D. L
146 CARRIAGE OF MERCHAKDISE BY RAILWAY.
be compelled by the Eailway Commissioners under their
power to order reasonable facilities to carry goods coming
within this section (6).
In order to convict a person of the ofEence of sending
dangerous goods under this section, a guilty knowledge on
the part of the sender must be shown (c).
A person employing a carrier to convey an article of so
dangerous a nature as to require extraordinary care in the
conveyance, must communicate the fact to the carrier, or
he may be responsible for any injury which may result
from his omission to do so (d).
By the Explosives Act, 1875 (e), every railway company
carrying gunpowder, nitro-glycerine, dynamite, or "any
other substance, whether similar to those above mentioned
or not, used or manufactured with a view to produce a
practical effect by explosion or a pyrotechnic effect," must
make bye-laws regulating such conveyance, which have to
be confirmed by the Board of Trade.
Shortly after the passing of the Act, a model code of
bye-laws was agreed to by the Board of Trade and the
fifty-two railway companies who are members of the
Clearing House, which is believed to be now generally
adopted.
(6) Dickson v. G. N, Ry. Co., 19 Q. B. Div. 186, j^cr Liudley, L.J.
(c) Hearne v. Qarton, 2 Ell. & Ell. 66.
\d) Farrant v. Barnes, 11 C. B. N. S. 553.
(e) 38 Vict. c. 17, repealing the Gunpowder Acts, the Carnage of
Dangerous Explosives Act, 1866, and the Nitro-Glycerine Act, 1869,
( 147 )
CHAPTER Xn.
ABBITRATIONS UNDER THE BOARD OF TRADE ARBITRATIONS
ACT, 1874, AND THE ARBITRATION ACT, 1889.
It will be found that the Qeneral Conditions contained in
the Schedules to the several Bailway Companies' Pro-
visional Orders, which are the subject of the second part of
this Work, contain many provisions refeiring differences
arising between the railway companies and their trculers to
the decision of the Board of Trade, or of an arbitrator to
be appointed by them (a). And by clause 25 (ft) it is pro-
vided that the Board of Trade Arbitrations, &c. Act,
1874 (c), is to apply, so far as applicable, to every deter-
mination of a difference or question by arbitration imder
the provisions therein contained. It may be useful, there-
fore, to consider this Act and the more general Arbitration
Act of 1889, so far as they are likely to bear on the
determination of these and similar differences.
The Board of Trade Arbitrations, &c. Act, 1874,
consists of two parts, the first dealing with Board of Trade
inquiries, and the second with the power of referring
questions to the decision of the Eailway and Canal Com-
mission.
"Where, under the provisions of any special Aci{d) Power of
passed either before or after the passing of this Act, the t^^ ^ ^q
inqniiy.
(a) E, g,, clauses 2 (b), 4, 5, 6, 7, 8, of the General Conditions,
and clause 4 of the Special Provisions as to Perishables in Part Y.
{h) Gause 24 in the Scotch and North Eastern schedules.
(c) 37 & 38 Vict. c. 40.
{d) This includes a provisional order confirmed by Parliament
(s. 4). S^post, p. 149.
l2
148 CAKRIAGE OF MERCHANDISE BY RAILWAY.
Board of Trade are required or authorised to eanction,
approve, confirm, or determine any appointment, matter,
or thing, or to make any order or to do any other act or
thing for the purposes of such special Act, the Board of
Trade may make such inquiry as they think necessary for
the purpose of enabling them to comply with such requisi-
tion or to exercise such authority. Where an inquiry is
held by the Board of Trade for the purposes of this section,
or in pursuance of any general or special Act passed
either before or after the passing of this Act, directing or
authorisiDg them to hold any inquiry, the Board of Trade
may h61d such inquiry by any person or persons duly
authorised in that behalf by an order of the Board of
Trade, and such inquiry, if so held, shall be deemed to be
duly held "(e).
Expensee of " "Where application is made in pursuance of any special
&c. ' Act, passed either before or after the passing of this Act,
to the Board of Trade to be arbitrators, or to appoint any
arbitrator, referee, engineer, or other person, or to hold any
inquiry, or to sanction, approve, confirm, or determine any
appointment, matter, or thing, or to make any order, or to
do any other act or thing for the purposes of such special
Act, all expenses incurred by the Board of Trade in rela-
tion to such application, and the proceedings consequent
thereon, shall, to such amount as the Board of Trade may
certify by their order to be due, be defrayed by the parties
to such application, and (subject to the provisions con-
tained in the said special Act) shall be defrayed by such of
the parties as the Board of Trade may by order direct, or
if so directed by an order of the Board of Trade, shall be
paid as costs of the arbitration or reference " (/),
The Board of Trade may, if they think fit, on or at any
time after the making of the application, by order require
the parties to the application, or any of them, to pay to the
(e) Board of Trade Arbitrations Act (37 & 38 Vict. c. 40), s. 2.
( /) Ibid, B. 3.
ARBITRATIONS. 149
Board of Trade such sum as the Board of Trade think
requisite for or on account of those expenses, or to give
security to the satisfaction of the Board of Trade for the
payment of those expenses on demand, and if such pay-
ment or ^curity is not made or given may refuse to act in
pursuance of the application.
All expenses directed by an order of the Board of Recovery of
Trade, or an award in pursuance of this section to be paid,
may be recovered in any Court of competent jurisdiction
as a debt, and if payable to the Board of Trade as a debt
to the Crown, and an order of the Board of Trade shall be
conclusive evidence of the amount of such expenses (^).
In this part of this Act the term " Special Act " means Meaning of
a local or local and personal Act, or an Act of a local and
personal nature, and includes a provisional order of the
Board of Trade, confirmed by Act of Parliament, and a
certificate granted by the Board of Trade under the Bail-
ways Construction Facilities Act, 1864(A).
An order of the Board of Trade for the purposes of this Order of
1 » 1 r 'Aj. i» 1^ • t k i. •i!j Board may bo
part of this Act, or of any such special Act as is referred j^^ writing,
to in this part of this Act, may be mcule in writing under
the hand of the President, or of one of the Secretaries of the
Board (A).
Section 5 of the Act is now repealed (/).
Power to appoint Railway Commissioners as Arbitrators,
The second part of the Act provided (A), " Where any Reference to
difference to which a railway company or canal company ^J^^^^"^"
is a party is required or authorised under the provisions of
any general or special Act passed either before or after the
passing of this Act, to be referred to the ctrbitration of, or
to be determined or settled by the Board of Trade, or some
(.9) Jfttcf. s. 6.
(A) Ihid. 8. 4.
(0 46 & 47 Vict. c. 39.
\k) Board of Trade Arbitrations Act (37 & 38 Vict. c. 40), s. 6,
150 CABRIAOE OF MERCHAIfDISB BY RAILWAY.
person or persons appointed by the Boaxd of Trade, the
Board of Trade may, if they think fit, by order in writing
under the hand of the President or one of the Secretaries
of the Board, refer the matter for the decision of the
Railway Commissioners, and appoint them arbitrators or
umpire as the case may be, and thereupon the Commis-
sioners for the time being shall have the same powers as if
the matter had been referred to their decision in pursuance
of the Eegulation of Eailways Act, 1873, and also any
further powers which the Board of Trade, or an arbitrator
or arbitrators or xmipire appointed by the Board of Trade,
wotild have had for the purpose of the arbitration, if the
difference had not been referred to the Commissioners;
provided always, that this section shall not apply to any
case in which application is made to the Board of Trade
for the appointment of an umpire under the 28th section
of the Lands Clauses Consolidation Act, 1845."
Powers of " Where any difference is referred for the decision of the
ComSiMion. Commissioners in pursuance of the Regulation of Railways
Act, 1873, as amended by this part of this Act, the Com-
missioners shall have the same power by their decision of
rescinding, varying, or adding to any award or other
decision previously made by any arbitrator or arbitrators
(including therein the Board of Trade) with reference to
the same subject-matter as any arbitrator or arbitrators
would have had if the difference had been referred to him
orthem"(/).
It is also provided that this part of this Act shall be
construed as one with the Regulation of Railways Act,
1873, which contains (m) a definition of the term " Special
Act " similar to that given above as applicable to Part I.
of the Board of Trade Arbitrations, &c. Act, 1874 (n).
A reference to the Railway Commissioners as arbitrators
(0 Board of Trade Arbitrations Act (37 & 38 Vict. c. 40), s. 7.
(m) 36 & 37 Vict. c. 48, s. 3.
(n) Ante, p. 149.
ARBITRATIONS. 151
under this Act will be materially different from a hearing
before an ordinary arbitrator, as, in addition to the powers
of an arbitrator, they are to have the same powers as if the
matter had been referred to their decision under the Traffic
Act of 1873. By sect. 18 of the Traffic Act of 1888, they
are to have, *^ for the attendance and examination of wit-
nesses, the production and inspection of documents, the
enforcement of their orders, the entry on and inspection
of property, and other matters necessary or proper for the
due exercise of their jurisdiction under this Act, or other-
wise for carrying this Act into effect," " all such powers,
rights, and privileges as are vested in a superior Court."
And under sect. 17 of the same Act an appeal on any
question of law lies from their decision straight to the
Court of Appeal.
The Arhitration Act, 1889.
By sect. 24 of the Arbitration Act, 1889 (o), it is Application of
enacted, " This Act shall apply to every arbitration under ^^t* 1889.^
any Act passed before or after the commencement of this
Act, as if the arbitration were pursuant to a submission,
except in so far as this Act is inconsistent with the Act
regulating the arbitration or with any rules or procedure
authorised or recognised by that Act." And it has been
held that to oust the operation of the Arbitration Act,
1889, the inconsistency must be an inconsistency of this
kind, viz., that the obligation imposed by the Arbitration
Act, 1889, must be so at variance with the machinery and
mode of procedure indicated by the Act providing for the
arbitration that, if the obligation imposed by the Act of
1889 were added, the machinery of the other Act would
not work (/?).
Under the Arbitration Act, 1889, a submission is, unless
(o) 62 & 53 Vict. c. 49.
(p) In re Knight and Tabernacle Permanent Bailding Societi/,
(1891) 2 Q. B. 63 ; affirmed by House of Lords, 8 Times L. E. 616.
152 CARRIAGE OF MERCHANDISE BY RAILWAY.
the contrary is expressed, to be irrevocable except by leave
of the Court or a judge, and is to have the same effect as
if it had been made an order of Court (r). This does not,
however, make the arbitration a " proceeding in the Court"
vrithin the meaning of sect. 100 of the Judicature Act,
1873 («). Nor does it give the Court any greater power
over the arbitration than it had before the Act after the
agreement to refer had been made a rule of Court (t).
Before the passing of this Act it was held that the
Court had power to give leave to revoke a submission
where it appeared that the arbitrator was going wrong on
a point of law, even in a matter within his jurisdiction,
and would exercise the power unless the parties agreed to
allow the arbitrator to state a special case {u). This power
was, however, discretionary, and the Court would be re-
luctant to exercise it after a final award was made (r).
In a similar case at the present time the Court would
probably order the arbitrator to state a case under sect. 19
of the Act (x).
Appoint men t of A rbitrator.
Where the arbitration takes place under the Board of
Trade Arbitrations, &c. Act, 1874, the appointment of the
arbitrator or arbitrators will be made by the Board of
Trade.
If, however, the arbitration take place under an agree-
ment between the parties to submit the matter in dilute
to arbitration, the general law will apply.
Official By sect. 3 of the Arbitration Act, 1889, « Where a
referee.
(r) 52 & 53 Vict. c. 49, s. 1.
(a) In re Shaw and Bonaldson, (1892) 1 Q. £. 91.
{t) In re Smith and Service and Nelson, 25 ft. B. Div. 345.
(m) Saat and West India Dock Co, v. Kirk, 12 App. Cas. 738.
(v) James v. James, 23 Q. B. Div. 12.
(sc) See In re Knight and Tabernacle Permanent Building Society,
(1891) 2 ft. B. 63 (0. A.).
ARBITRATIONS. 153
submission provides that the reference shall be to an
official referee, any official referee to whom application is
made shall, subject to anj order of the Court or a judge
as to transfer or otherwise, hear and determine the matters
agreed to be referred." This seems to give the parties
power to select whatever official referee they choose. The
Lord Chancellor, however, and the Lord Chief Justice, or
either of them, has power to order the transfer of any
causes or matters from any one or more of the official
referees to any other or others of them whenever, in his
opinion, it is expedient so to do, having regard to the state
of the business pending before the referees {y).
Under the Arbitration Act, 1889 (s), imless the contrary Implied pro-
is expressed, a submission is to be deemed to include the ^"*^^'"'
following provisions as to the appointment of arbitrators,
so &r as they are applicable to the reference : —
" (a) If no other mode of reference is provided, the
reference shall be to a single arbitrator."
In an arbitration imder the Board of Trade Arbi-
trations Act, 1874, however, the arbitrator or arbitrators
would be specified in the order of the Board of Trade.
" (b) If the reference is to two arbitrators, the two arbi-
trators may appoint an umpire at any time within
the period during which they have power to make
an award."
When two arbitrators have to appoint an umpire, such Umpire,
an appointment is a judicial act (a), and must in no case
be decided by chance or lot (6), unless the parties to the
(y) Bales of the Supreme Court, Ord. XXXVI. r. 47 b.
{z) 52 & 53 Yict. c. 49, s. 2, and first schedule to the Act.
(o) Lord V. Lord, 5 Ell. & B, 404.
(6) Pescod V. Ptscod, 58 L. T. 76; Ford v. Jones, 3 B. & A. 248;
In re Cassell, 9 B. & C. 624 ; European and American S,S* Co, v.
Croekey, 8 0. B. N. S. 397.
154
CARRIAGE OF MERCHANDISE BY RAILWAY.
Court may
appoint
arbitrator or
umpire.
reference consent to such method of appointment (c). An
appointment by lot, however, between two persons, each of
whom was acknowledged by both arbitrators to be a fit
person, was upheld (d).
In certain cases the Court has power to appoint an
arbitrator. Sect. 5 provides,
" In any of the followiug cases : —
(a) Where the submission provides that the reference
shall be to a single arbitrator, and all the parties
do not, after difierences have arisen, concur in the
appointment of an arbitrator :
(b) If an appointed arbitrator refuses to act, or is in-
capable of acting, or dies, and the submission does
not show that it was intended that the vacancy
should not be supplied, and the parties do not
supply the vacancy :
(c) "Where the parties, or two arbitrators, are at liberty
to appoint an umpire or third arbitrator, and do
not appoint him :
(d) Where an appointed umpire, or third arbitrator,
refuses to act, or is incapable of acting, or dies,
and the submission does not show that it was in-
tended that the vacancy should not be supplied,
and the parties, or arbitrators, do not supply the
vacancy :
any party may serve the other parties, or the arbitrators,
as the case may be, with a written notice to appoint an
arbitrator, umpire, or third arbitrator.
" If the appointment is not made within seven clear days
after the service of the notice, the Court or a judge may,
on application by the party who gave the notice, appoint
an arbitrator, umpire, or third arbitrator, who shall have
(c) In re TunnOf 6 B. & Ad. 488 ; In re Greenivood, 1 P. & D.
463 ; In re Jamieson, 4 A. & E. 945.
{d) In re Hopper, L. E. 2 Q. B. 367.
ARBITRATIONS. 155
the like powers to act in the reference and make an award
as if he had been appointed by consent of all parties."
Where a submission provided for the reference of matters When Court
in difference, " to an arbitrator or umpire," it was held that ^ *PPO"» •
this was a reference to a single arbitrator within sect. 5 of
the Act, and that in such a case a written notice by one
of the parties to the other requiring him " to concur in
appointing an arbitrator " was a sufficient notice to appoint
an arbitrator within the same section ; the Act not having
intended that the party to whom notice was given should
have the power of appointing the sole arbitrator by him-
self (c).
It has been held by the majority of the Court of Ap-
peal (/), that when once the Court is satisfied that a
dispute has arisen between the parties within the submis-
sion, and that the conditions precedent (as to notice, &c.)
required by the section have been complied with, that it
has no discretion as to making the appointment, and that
the words " the Court may appoint " are to be read as
" the Court must appoint."
The Court has, however, no power to appoint an umpire When Conrt
in cases not provided for by the Act, and so in a case where Jl,pJ^t.
the reference was to three arbitrators, one to be appointed
by each party, and the third by the two arbitrators, but one
of the parties refused to appoint an arbitrator at all, the
Court had no power to compel him to do so, or to appoint
an arbitrator instead of him (g).
And where the parties have, by their contract, appointed
an arbitrator, and provided a method for the appointment
of a fresh arbitrator on the failure of the one originally
appointed, by naming a person to appoint the fresh arbi-
trator, it was held that, on the original arbitrator failing,
the Arbitration Act did not so override the contract between
(e) In re Eyre and Corporation of LeicesUr, (1892) 1 Q. B. 136.
{/) Ibid. p. 143.
(ff) In re Smith and Service and NeUon, 25 Q. B. Div. 545.
156 CARRIAGE OF MERCHANDISE BY RAILWAY.
the parties as to empower the Court to appoint the fresh
arbitrator. The original arbitrator was absent in America.
It was held that he had ^' failed " within the meaning of
the contract (A).
Paxties may By sect. 6 of the Act :
vacancy in " Where a Submission provides that the reference shall
certain cases. ]jq ^0 two arbitrators, one to be appointed by each party,
then, unless the submission expresses a contrary intention :
(a) If either of the appointed arbitrators refuses to act,
or is incapable of acting, or dies, the party who
appointed him may appoint a new arbitrator in
his place :
(b) If, on such reference, one party fails to appoint an
arbitrator, either originally, or by way of substitu-
tion as aforesaid, for seven clear days after the
other party, having appointed his arbitrator, has
served the party making default with notice to
make the appointment, the party who has appointed
an arbitrator may appoint that arbitrator to act as
sole arbitrator in the reference, and his award shall
be binding on both parties as if he had been ap-
pointed by consent :
Provided that the Court or a judge may set aside any
appointment made in pursuance of this section."
Staying Legal Proceedings,
" If any party to a submission, or any person claiming
through or under him, commences auy legal proceedings
in any Court against any other party to the submission, or
any person claiming through or under him in respect of
any matter agreed to be referred, any party to such legal
proceedings may at any time after appearance, and before
delivering any pleadings, or taking any other steps in the
{h) Wihan v. Eastern Counties Navigation and Transport Co»,
(1892) 1 Q. B. 81.
ARBITRATIONS. 157
proceedings^ ^Pply ^o ^^^ Court to stay the proceedings,
and that Court, or a judge thereof, if satisfied that there is
no sufficient reason why the matter should not be referred
in accordance with the submission, and that the applicant
was, at the time when the proceedings were commenced,
and still remains ready and willing to do all things neces-
sary to the proper conduct of the arbitration, may make an
order staying the proceedings " (i).
As a general rule, on an application to stay proceedings General rule,
in an action on the ground that there is a submission to
arbitration, the question to be decided is, whether the
subject-matter of the action comes within the terms of the
submission (A). Under this provision, however, the Court
has a discretion to ref ase to stay the proceedings in the
action, which it will exercise, even though the subject-
matter of the action be covered by the submission (/).
And if the action be brought in respect of matters some
only of which are covered by the submission, the Court
will, in the exercise of its discretion, refuse to stay the
action so far as relates to the matters included in the sub-
mission (m); and so in a case where the chief question
arose on a point of law, which would have had to be raised
before the Court by the arbitrator stating a special case,
the Court refused to stay the action in the High Court,
but directed the summons to stand over until the question
of law had been determined in the action (n). As a rule,
however, it is not a sufficient reason for taking the case
(0 Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 4.
{k) Willesford v. Watson^ L. E. 8 Ch. 473.
(l) Lyon V. Johnson^ 40 Ch. D. 679 ; In re CarlxBle, 44 Ch. D,
200; and of . In re Eyre and Corporation of Leicester ^ (1892) 1 Q.
B. 136.
(wi) Tumock V. Sartoris, 43 Ch. Div. 150 ; Wal/ord v. Prince
Steam Shipping Co., 90 L. T. Jo. 467.
(n) In re Carlisle, 44 Ch. D. 200.
158
CARHIAGE OF MERCHANDISE BT RAILWAY.
Whatsaffi-
cient reason.
Where fraud
charged.
away from the arbitrator that the decision will involve
questions of law(o).
The fact that the person named as arbitrator has an
interest in the subject-matter of the arbitration is a suffi-
cient reason why the matter should not be referred in
accordance with the submission (p). And it may be
sufficient reason that the person objecting to the arbi-
tration has disregarded the agreement to refer and taken
the law into his own hands {q) ; or that he merely wants to
waste time and delay the other party (r) ; or that the
agreement to refer has been properly revoked and has no
longer any effect («). And so the Court will refuse to stay
the proceedings in an action where it appears that the
agreement to refer is incomplete, Imd the parties had never
arrived ad idem with regard to it(^). If, however, the
agreement be in writing, and represent the contract between
the parties, it is not material that it is not signed by both
parties (t^).
As a rule where charges of fraud are brought forward,
and the person charged with fraud objects to arbitration,
it will be sufficient reason for the Court to refuse to compel
the parties to go to arbitration (r). But if it is the person
bringing the charge of fraud who objects to the reference,
(o) Willeeford v. Watson, L. E. 8 Ch. 472 ; Bandfgger v. Hdmes,
L. B. 1 0. P. 679.
{p) Nutlall Y> Mayor of Manchester, 8 Times L. B. 513; and seo
Pickthall V. Merthyr Local Board, 2 Times L. E. 805.
{q) DavU V. Starr, 41 Ch. D. 242.
(r) Lxiry v. Pearson, 1 0. B. N. S. 639.
(«) Deutsche Springstoff Adien OesellscJiaft v. Briscoe, 20 Q. B. D.
177 ; Banddl v. Thompson, 1 Q. B. Div. 748.
{t) Caerleon Tinplaie Co. v. Hughes, 60 L. J. Q. B. 6i0.
(m) Baker v. Yorkshire Fire and Life Assurance Co,, (1892) 1 Q.
B. 144.
(v) WallU V. Hirsch, 1 C. B. N. S. 316; WiUesford v. Watson,
L. E. 14 Eq. 672 ; NoheJ v. P. Stewart <fc Co., 6 Times L. E. 378.
ARBITRATIONS. 169
the Court will not necessarllj allow him to proceed by
action (^). And if the parties have agreed that the award
of an arbitrator shall be a condition precedent to an action
by the plaintiff, the Court will not allow him to proceed
by action, even though the defendant has charged him
with fraud (y), and refused to go to arbitration ; the plain-
tiff being able to force an arbitration upon him (s).
The jurisdiction of the Court is not ousted by a sub- Waiver,
mission to arbitration, and the parties may waive their
right to a reference, and proceed with their action, but if
they do so, one of them cannot afterwards insist on arbi-
tration (a).
The obtaining from the other party of a consent to the Step in the
extension of time for delivering a pleading is not a step in ^ ^**'
the proceedings which would prevent the party obtaining
it from asking for a stay of the action, but the taking out
of a summons for particulars of the pleading of the other
party is a step in the proceedings, notwithstanding that
the pleading was amended subsequently to the taking out
of the summons, and so is an application for leave to ad-
minister interrogatories which is granted (6).
Proceedings on the Arbitration.
The arbitrator may decide on the place and time of Meeting,
meeting for the arbitration (c), and may revoke the appoint-
ment, and appoint some other time and place (^f). He
should, however, see that both parties have proper notice
of such appointments, even though one party has im-
{x) Bussell V. Russell, 14 Ch. Div. 471.
(y) Trainor v. Phcenix Fire Insurance Co, , 8 Times L. E. 37.
(2) Kenworthy v. Queen Insurance Co,, 8 Times L. E. 211.
(a) London, Chatham & Dover By, Co, v. South Eastern By. Co,,
40 Ch. Div. 100.
{b) Chappell V. North, (1891) 2 Q. B. 252.
(c) Fethersione v. Cooper, 9 Ves. 67. ^
{d) Eastham v. Tyler, 2 Bail Ct. Eep. 136.
160
CARRIAGE OF MERCHANDISE BY RAILWAY.
Conduct of
case.
Goimse].
properly revoked the submission (^). It is desirable that
the notice should inform the party that if he do not attend
the arbitrator will proceed in his absence (/). And if this
be not done, and one of the parties fail to attend, it will
be advisable for the arbitrator to adjourn the meeting (^).
If, however, after proper notice has been given him, one of
the parties fails to attend the meetings, the arbitrator will
be justified in proceeding in his absence (//).
The arbitrator has a general discretion as to the method
in which the case shall be conducted (t), and may decide
whether or not he will take a view of any premises forming
the subject of the inquiry (A:). He must be careful, how-
ever, not to exclude any one from the inquiry whose
presence or assktanoe either of the parties may desire,
without good reason for so doing. In Maigh v. Haigh (/),
Lord Justice Turner said : — " I certainly do not mean to
lay it down that an arbitrator is bound to submit to insults
from those who attend him, but I think that before he
excludes any one from attending on behalf of any of the
parties interested, he is bound to ascertain that there is
good reason for the exclusion, and to take the best care he
can that the party who is affected by the exclusion is not
prejudiced by it."
If either party intend to appear by counsel before the
(c) In re Kyle, 2 Jur. 760.
(/) Qladmn v. Chikote, 9 D. P. C. 550.
Ig) Angus v. Smithies, 2 F. & P. 881 ; In re Morphett, 2 D. &
L. 967.
{h) Scott V. Van Sandau, 6 Q. B. 237 ; Tryer v. Shaw, 27 L. J.
Ex. 320.
(0 TilJam v. Copp, 5 C. B. 211 ; In re Macqueen, 9 C. B. N. S.
793.
{k) Munday v. Blach, 9 C. B. N. S. 557. Whero the submis-
sion requires the arbitrator to view the premises, and he does so,
he need not recite it in the award: Spence y. Eastern Counties By,
Co., 7 D. P.O. 697.
(7) 3 De G. F. & J. 157, 168.
ARBITRATIONS. 161
arbitrator, it will be well to give notice of such intention
to the other side, or an adjournment may be asked for (m).
It is enacted by the Arbitration Act, 1889 (fi), that
unless the contrary is stated the following proyidon shall
be implied in the submission so far as applicable to the
reference.
" The parties to the reference, and all persons claiming ^^**® ^*
through them respectively, shall, subject to any legal
objection, submit to be examined by the arbitrators or
umpire, on oath or affirmation, in relation to the matters
in dispute, and shall, subject as aforesaid, produce before
the arbitrators or umpire, all books, deeds, papers, accounts,
writings, and documents within their possession or power
respectively, which may be required or called for, and do
all other things which during the proceedings on the
reference the arbitrators or umpire may require. And WitoesBes.
also(o), that the witnesses^ on the reference shall, if the
arbitrators or umpire think fit, be examined on oath or
affirmation.
And it is provided by the same Act(p), that any party
to a submission may sue out a writ of subpoena ad testifican'
dum or of subpoena duces tecumy but no person shall be com-
pelled under any such writ to produce any document whichhe
oould not be compelled to produce on the trial of an action.
If a document is material to the matter in question it Document,
may be protected from production on any of the following tected:
grounds : —
1. That it would tend to incriminate the party or expose
him to the risk of any kind of punishment, whether
it be by way of penalties, forfeiture, or ecclesias-
tical censure (^).
(iTi) WhaOey v. Morland, 2 0. & M. 347.
(n) 52 & 53 Vict. c. 49, s. 2, and first schedule, dause (f).
(o) Ibid, first Bchedule, clause (g).
{p) Ibid, s. 8.
Iq) Bedfem v. B^ftm, (1891) P. 139.
D. M
162
CARRIAGE OF MERCHANDISE BY RAILWAY.
Affidavit of
docoments.
Bankers*
boolcB.
2. On the ground of legal professional privilege.
(a) Professional communications between the client
and his legal adviser (r).
(b) When there is litigation anticipated documents
made for the purpose of furnishing to the
solicitor evidence to enable him to conduct
the litigation. But this does not include
communications from the client's agent (s).
3. That it discloses the party's evidence or the names of
his witnesses (^). As to title-deeds, where they
form part of the plaintifi's case he must discover
them (u) ; but the defendant in an ejectment action
cannot be made to do so (v).
4. That they are public official documents and that
their disclosure would be injurious to the public
interest («r).
It is, however, for the arbitrators and not one of the
parties to decide whether or not particular documents are
material (;r).
The High Court has no jurisdiction to grant an order
for an affidavit of documents even when the arbitration
takes place under an order of the Court, the whole
jurisdiction as to discovery being in the hands of the
arbitrator (y).
Under the Bankers' Books Evidence Act (2) copies of
bankers' books are evidence of the books before arbitrators,
and may be verified by oral evidence or by affidavit.
(r) Min^ v. Morgan, L. E. 8 Oh. 361.
(«) Anderson v. Bank of Columbia, 2 Oh. D. 644.
{t) Bidder v. Bridges, 29 Oh. D. 29 ; Oayley v. Bandycroft, 33
W. E. 577.
{«) Cayley v. Sandycroft Co,, 33 W. E. 677.
(v) Lyell V. Kennedy, 8 App. Gas. 217.
{w) Henessy v. Wright, 21 Q. B. D. 509.
(x) Arhuckle v. Price, P. 0., 4 Dowl. 174,
(y) Penrice v. Williams, 23 Oh. D. 353.
(2) 42 & 43 Yiot. 0. 11.
ABBITRATIONS. 163
The Arbitration Act, 1889 (a), also provides that (1) "the Sabpoena
Court or a judge may order that a writ of subpoena ad Kingdoxo.
testificandum or of suhpcena duces tecum shall issue to compel
the attendance before an official or special referee, or before
any arbitrator or umpire, of a witness, wherever he may be
within the United Kingdom ; and (2) the Court or a judge
may also order that a writ of habeas corpus ad testificandum
shall issue to bring up a prisoner for examination before
an official or special referee, or before any arbitrator or
umpire." Thus providing for securing, on an English
arbitration, the attendance of witnesses in Scotland and
Ireland. There is, however, no jurisdiction to issue a
commission for the examination of persons abroad, under
a submission to arbitration by agreement between the
parties {b) ; but it is otherwise when the arbitration takes
place under a statute, as where a dissentient shareholder's
interest is being ascertained under the Companies Act,
1862, and in such a case a commission may issue (c).
The arbitrators or umpire have power, unless the sub- Administer-
mission express a contrary intention, to administer oaths "^* <»tl»«> &«•
to, and take the affirmations of, the parties and witnesses
appearing (d) ; and any person wilfully and corruptly Peijnry.
giving false evidence before any referee, arbitrator, or
umpire is guilty of perjury as if the evidence had been
given in open Court, and may be dealt with, prosecuted,
and punished accordingly (e). And the manufacturing of
false evidence before on arbitrator, not amounting to
perjury, has been held a criminal oflEence (/).
The parties appearing before an arbitrator and the wit- Arrest,
nesses being compellable to attend are protected from
(a) 62 & 63 Yict. c. 49, s. 18.
(J) In re Shaw and RonaXdson, (1892) 1 ft. B. 91 (0. A.),
(c) In re Mysore West Gold Mining Co,, 42 Oh. D. 636.
Id) Arbitration Act, 1889 (62 & 63 Yiot. c. 49), s. 7.
(e) Ibid. s. 22.
(/) Beg. V. Vreones, (1891) 1 Q, B. 360.
m2
164 CARRIAGE OF MERCHANDISE BY RAILWAY.
arrest, even though no action be pending, in the same
manner as in the case of a trial at law (g). And this
protection extends during the adjournment of the arbitra-
tion, whether on the same day (k) or from day to day, but
not if many days elapse before the next meeting (t).
Evidence. Ar\»itrators are bo\md by those rules of evidence which
govern courts of law (k),
Admiflsibility. It has long been considered that the arbitrator's decision
as to the admissibility of evidence was final, and that his
award could not be impeached on the ground that he had
decided wrongly as to the admissibility of certain evi-
dence (/); and probably when the award was once made
the Court would now, in the exercise of its discretion,
refuse to disturb it on that ground {m). If, however, the
evidence were of sufficient importance, the question of its
admissibility would be one on which the arbitrator might
fairly be asked to state a case under sect. 7 of the Act, or
on which the Court would direct him to do so under
sect. 19 (n).
Takiiig The arbitrator, however, must be careful to see that each
party has an opportunity of being heard before him (o),
even though he be a mercantile arbitrator, and must take
any evidence adduced by the parties, which is admissible,
even though he may think he has already sufficient evidence
before him (^), or the award wiU be liable to be set aside,
{g) Webh v. Taylor, 1 DowL & L. 676.
{h) Ex parte Temple, 2 Yea, & B. 395.
(f) Spencer v. NewUm, 6 A. & E. 623.
\h) A,-G. V. Davison, M*Clel. & Y. 160.
{l) Sagger v. Baker, 14 M. & W. 9; Eastern Countiea By, Co, v.
Bobertam, 6 M. & G. 38 ; Ferryman v. Steggall, 2 D. P. 0. 726 ;
Armstrong v. Marshall, 4 D. P. 0. 693 ; Syrnes v. OoodfeUow, 4
D. P. 0. 642.
{m) James v. James, 23 Q. B. Diy. 12.
(n) East and West India Dock Co, v. Kirk, 12 App. Cas. 738.
(o) Thwhum V. Barnes, L. E. 2 0. P. 384 ; In re Brook, 15 0. B.
N. S. 403; Anm., 2 Chit. 44.
{p) In re Brook, Delcomyn and Badart, 33 L. J. C. P. 246.
evidenoe.
ARBITRATIONS. 165
though, perhaps, he has some disoretion as to the quantity
of evidence he will reoeive (q). It is, however, a matter
entirely in the disoretion of the arbitrator whether he wiU
or will not postpone the reference in order to give one of
the parties an opportunity of bringing a witness from
abroad (r), and he may refuse to hear fresh evidence from
a party who has definitely closed his case, if no evidence
has been called on the other side («).
The witnesses should be examined in the presence of both Evidenoe,
parties, as if the arbitrator reoeive evidence in the absence
of either party the award may be set aside (^), or at least
remitted to the arbitrator (u). Nor can the examination
of witnesses in the absence of both parties be justified (tr).
Lord Granworth stated his opinion, in the House of Lords,
that ^' an arbitrator misconceives his duty if he, in any the
minutest respect, takes upon himseU to listen to evidence
behind the back of a party who is interested in contro-
verting, or is entitled to controvert it " {x). If, however,
the evidence be taken in the absence of one party by his
consent, he cannot afterwards object to the award on that
ground (y).
Where the arbitrators fail to agree and call in the umpire, Frooeedingv
the umpire must, if requested to do so by either of the ^'^^o'^^^P"^®-
parties, rehear the evidence that was given before the
(3) NickalU v. Warren, 6 Q. B. 615, 618.
(r) Qinder v. Cwiis, 14 C. B. N. S. 732 ; and of. Larchin v.
EUU, 11 W. E. 281.
(«) Hemming v. Parker, 13 L. T. 795.
\t) In re Hick, 8 Taunton, 694 ; Walker v. Frobi$her, 6 Ves. 70 ;
FdiheraUme v. Cooper, 9 Ves. 67. A contrary view was at one time
taken in the Common Pleas : see Atkinson y. Abraham, 1 B. & P.
175 ; Bignally, Gale, 2 M. & Q-. 830 ; but these cases must be taken
as oyerruled : Dobson y. Oroves, 6 Q. B. 637.
(tt) Anning y. Hartley, 27 L. J. Ex. 145.
(w) Fl^8 y. MidcUeton, 6 Q. B. 845.
(x) Drew y. Drew, 2 Macqueen, 1, 8.
(y) Ibid. ; Hamilton y. Bankin, 3 De G. & S. 782.
166 CARRIAGE OP MERCHANDISE BY RAILWAY.
arbitrators (2). It is, however, competent for the parties
to waive their right to have the matter re-heard if they
think fit, and to allow the imipire to decide on reading the
notes of evidence taken down by the arbitrators (a) ; or a
shorthand writer's notes of evidence signed by the arbi-
trators (6). It is, therefore, desirable that proper notice
should be given to the parties by the umpire to enable them
to lay before him anything they may desire (c).
The Award.
Unless the contrary is expressed, the following provisions
contained in the First Schedule to the Act are to apply so
far as applicable (rf) ; —
Time for " c. The arbitrators shall make their award in writing
award. within three months after entering on the reference, or
after having been called upon to act by notice in writing
from any party to the submission, or on or before any
later day to which the arbitrators by any writing signed
by them may from time to time enlarge the time for
making the award.
When umpire « d, jf the arbitrators have allowed their time or extended
reference. time to expire without making an award, or have delivered
to any party to the submission or to the umpire a notice
in writing stating that they cannot agree, the umpire may
forthwith enter on the reference in lieu of the arbitrators.
Award of «e. The umpire shall make his award within one month
after the original or extended time appointed for making
the award of the arbitrators has expired, or on or before
any later day to which the umpire by any writing signed
(z) Jenkins v. Leggo^ 1 D. N. S. 277 ; Tn re Salkeld, 4 P. & D,
732 ; In re Templeman, 9 D. P. 0. 962.
(a) In re SaJkeld, 4 P. & D. 732.
(ft) In re JameSf 5 B. & Ad. 488,
(c) See Potter v. Newman^ 2 G. M. & E. 742 ; and In re TempU"
man, 9 D. P. C. 962.
{d) Arbitration Act, 1889 (52 & 63 Vict. 0. 49), s. 2.
ARBITRATIONS. 167
by him may from time to time enlarge the time for making
his award."
If the time expire without any enlargement being made,
or if an invalid enlargement be made, and the parties sub-
sequently attend before the arbitrator without taking any
objection, they cannot afterwards object to the award on
the ground that the arbitrator's authority had deter-
mined (e) ; but such attendance will not empower the arbi-
trator to make further enlargements by himself alone (/).
And after the case is dosed and the time expired a request
to the arbitrator to consider new matter has been held to
imply a consent to extend the time(^).
And by sect. 9 of the Act the time for making an award Enlargrement
may from time to time be enlarged by order of the Court ooSrtT
or a judge, whether the time for making the award has
expired or not : this order being usually obtained on
summons. If the arbitrator make his award after the time
has expired, and the Court subsequently enlarge the time,
the effect is to ratify what has been done by the arbi-
trator without authority, and to render valid any step
taken down to the time limited by the order of the
Court (A).
Where the time for making an award is enlarged, the
enlargement shall be deemed to be for one month, unless
a different time be specified in the order (?•).
Unless the submission expresses a contrary intention, it Award to be
is provided {k) that the award to be made by the arbitrators
or umpire shall be final and binding on the parties and
the persons claiming under them respectively.
(e) In re Hick, 8 Taunt. 694 ; Halldt v. ffalleU, 7 Dowl. 389 ;
Palmer v. Met. By. Co., 31 L. J. Q. B. 269.
(/) Ma9on V. Wallia, 10 B. & 0. 107.
(g) BexY. Hill, 7 Price, 636.
{h) Lord V. Lee, L. E. 3 Q. B. 404 ; Warner v. PoweU, L. E. 3
Eq. 261.
(t) Bules of the Supreme Coiirt, Ord. LXTV. r. 14 a.
\k) Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 2, and first
schedule, clause (h).
168
CARRIAGE OF MERCHANDISE BY RAILWAY.
Award in
form of case.
Stamp.
The arbitrator, however, may (/), unless the contrary be
expressed, (1) state an award as to the whole or part
thereof in the form of a special case for the opinion of the
Court (m), or (2) correct in an award any clerical mistake
or error arising from any accidental slip or omission.
No precise form of words is necessary to constitute an
award ; it is sufficient if the arbitrator expresses by it a
decision on the matter submitted to him (n), and it may be
in the form of an opinion (o), and even a request to one
party to pay a sum of money has been held sufficient (p).
By the Stamp Act, 1891 ($), an award in England or
Ireland, and an award or decreet arbitral in Scotland, must
be stamped as follows : —
(1) In any case in which an amount or value is the matter
in dispute (r) : —
Where no amount is awarded or the amount £ 8. d.
or value awarded does not exceed £5 .003
Where the amount or value awarded —
Exceeds £5 and does not exceed £10 . .
£10 „ „ £20 . .
£30 . .
£40 . .
£50 . .
£100 . .
£200 . .
£500 . .
£750 . .
£1,000 . .
>i
£20
£30
£40
£50
£100
£200
£600
£760
„ £1,000
(2) In any other oase
»
»
»
£
10
16
1
1 6
1 16
1 15
8.
1
1
2
2
5
6
6
6
(2) Arbitration Act, 1889 (52 & 53 Viot. o. 49), s. 7.
(m) As to stating a cam, eee pott, p. 169.
(n) Lock V. VuUiamy, 5 B. & Ad. 600 ; Wyhe$ r. Shipton, 3 N. &
Man. 240.
(o) Motion y. Trouier, B. & M. 17.
Ip) Smith T. Hartley, 10 0. B. 800.
Iq) 64 & 55 Vict. c. 39, scbed. 1.
(r) Formerly the stamp was payable on the amount of the matter
in dispute.
ABBITRATI0N8. 169
The appointment of an umpire in writing by the arbi-
trators, however, requires no stamp («).
Stating a Case,
There is no appeal from the award of an arbitrator, even Court may
though his decision involves matters of law, provided he ^ ^^ *'**®'
has acted honestly (^), but provision is made for the state-
ment of a case on any point of law. " Any referee, arbi-
trator, or umpire, may, at any stage of proceedings under
a reference, and shall, if so directed by the Court or a
judge, state in the form of a special case, for the opinion
of the Court, any question of law arising in the course of
the reference " (u).
This power to order a case to be stated by the arbitrator
applies to arbitrations under the Building Societies Act,
1874 (tc). In a case where at an early stage of the pro-
ceedings the arbitrators refused to state a case on a
question as to the construction of an agreement, the Court
declined to order a case, holding that the mere fact of
there being a question of law to be decided was not a
sufficient ground for a case to be ordered, unless there was
some evidence that the arbitrators were going beyond their
jurisdiction, or were about to act contrary to the law (x).
We have seen that the arbitrator may state his award as Award in
to the whole or part thereof, in the form of a special case, "* °*'®'
for the opinion of the Court (y).
In stating a case on a point of law, the arbitrators Case, how to
should set forth such facts as are necessary to enable the ^ ****^-
(«) Bautledge v. Thornton, 4 Taunt. 704.
(t) Darlington Waggon Co, v. Harding, 7 Times L. R. 106. The
report in the Law Beports does not touch this point.
(u) Arbitration Act, 1889 (52 & 63 Yict. c. 49), s. 19.
{w) In re Knight and TabemaeU Permement Building Soctety, (1891)
2 a B. 63 ; afP. by H. L., (1892) W. N. 98.
(x) Tn re Gray & Co, aiid Boustead A Co,, 8 Times L. R. 703.
(y) Arbitration Act, 1889, s. 7.
170 CARRIAOB OF MEBCHAin>ISE BY BAILWAY.
Court to deteimine the question of law (2). He should
not, however, set out the evidenoe, leaving the Court to
draw inferences of fact, but should state what facts he
finds {a). And he must find the facts definitely (b).
Where important questions were involved in the arbi-
trator's decision, the Court ordered the arbitrator to state
a case after he had made his award, showing his reasons
for the decision given by him (c). In another case, where
the reference was ordered by the Court, the order of refer-
ence contained a direction to the referee to state a case on
any question of law that might arise (d).
If the Court disapprove the decision of an arbitrator, it
has no power to alter it, and can only send it back to the
arbitrator or set it aside (e).
Appeal. There is no appeal from the decision of the High Court
on a case stated during the reference under sect. 20 of the
Arbitration Act, 1889 (/) ; but if the award be stated in
the form of a special case under sect. 7 an appeal will lie
from the decision of the High Court thereon {g).
Where a case was stated under the Common Law Pro-
cedure Act, 1854, an appeal lay from the decision of the
Judgment, High Court {h) ; and for the purposes of such appeal, if the
case had to go back to the arbitrator after the decision of
the Court, the decision was interlocutory (i) ; but if the
matter were concluded by the decision of the Court, and did
not need to be sent back to the arbitrator, it was final (J),
(a) Sheridan v. Nagle, 6 Ir. E. 0. L. 110.
(a) Jephson v. Hoivkins, 2 Man. & Q. 366.
(6) Ferguson v. Norman^ 4 Bing. N. 0. 62.
(c) In re Gough and Mayor of Liverpool^ 6 Times L. R. 453.
\d) Parke v. Eamee, (1890) W. N. 143.
(e) Qomgh v. Mayor 0/ Liverpool, 7 Tunes L. Bt 581.
(/) In re Knight and Tabernacle Building Society, 8 Times L. B. 783.
[g) Ibid, ; Oough v. Mayor of Liverpool, 7 Times L. R. 581.
(h) Bidder v. North Staff, By. Co., 4 Q. B. Biv. 412.
(♦) Collins V. Paddington Vestry, 5 Q. B. D. 368.
\j) Shuhrook v. Tuffnell (0. A.), 46 L. T. 749.
ARBITRATIONS. 171
Remitting to Arbitrators,
Section 10 of the Arbitration Act, 1889, gives power to
the Court to remit the reference to the arbitrators. It
provides —
^' (1) In all oases of reference to arbitration, the Court Power to
or a judge may from time to time remit the matters re- ""*"*•
ferred, or any of them, to the reconsideration of the arbi-
trators or umpire.
" (2) Where an award is remitted, the arbitrators or
. umpire shall, unless the order otherwise directs, make their
award within three months after the date of the order."
If the arbitrators go outside the subject-matters of the
reference it will be a ground for remitting the reference to
them {k) ; but if they have kept themselves substantially
to the matter referred to them the Court wiU not interfere,
especially if the objection was not taken before the arbi-
trators (/).
As to whether an arbitrator is bound to receive fresh Frosh
evidence when a case is remitted to him, the cases are not ®^^^®'^<^«
very satisfactory. The general conclusion to be gathered
from them is that when the award is remitted for some
specific alteration or addition (;n), or because it is in some
respect uncertain (n), the arbitrator need not hear further
evidence. But that if it be remitted on any question of
substance he should do so if the parties are desirous of
bringing anything further before him {o).
{h) Hooper v. BalfowTy 62 L. T. 646 ; In re Green and Bcdfowr,
63 L. T. 97, 325.
{I) In re McLean and Marcus, 6 Times L. B. 355 ; In re Brandt
and Boutcher, 7 Times L. R. 140.
(m) In re Huntley, 1 Ell. & B. 787 ; Johnson v. Latham, 20 L. J.
Q. B. 236; Baker v. Hunter, 16 M. & W. 672.
(n) In re Morris, 6 Ell. & B. 383.
(o) Nickalls v. Warren, 6 d. B. 615.
172 CARRIAGE OF MERCHANDISE BY RAILWAY.
Setting aside Award.
MiBoondiict of By sect. 11 of the Arbitration Act, 1889 : —
" 1. Where an arbitrator or umpire has misoonduoted
himself, the Court may remove him.
^'2. Where an arbitrator or imipire has misconducted
himself, or an arbitration or award has been improperly
procured, the Court may set the award aside."
'J^inie. An application to set aside an award may be made at
any time before the last day of the sittings next after such
award has been made and published to the parties (/?).
The application is by motion, notice of motion to state the
grounds of the application. Notice of motion given
before the last day of the sittings is the beginning of an
application ($'). The time maybe extended by an order
of the Court or a judge (r), but not by consent of the
parties («). Yice-Chancellor Malins(^) thought that the
arbitrators need not be served with the notice of motion to
set aside the award.
It is, however, competent for the parties to agree that
an award shall not be set aside on the ground of fraud on
the part of the arbitrator, such an agreement not being
against public policy, provided there is no fraud on the
part of either of the parties (u).
Hjaoonduct. The award wiU be set aside if it appears that the arbi-
trator was interested in the subject-matter {w). And so
where the two arbitrators differed and called in and sat
{p) Bulos of Supreme Court, Ord. LXIV. r. 14.
Iq) Ibid, Ord. LIE. r. 4.
(r) In re Oallop and Central Queensland Co., 26 Q. B. D. 230.
(«) Under Ord. LXTV. r. 7 : see /n re Oliver and Scotia Arbi'
tration, 43 Ch. D. 310.
(Q Moseley v. Simpson, L. R. 16 Eq. 226.
(m) TuUis V. Jacson, (1892) W. N. 160.
{w) Earl V. Stocker, 2 Yem. 261 ; Kemp v. Bose, 1 Giff. 258 ;
Kimherley v. Dick, L. E. 13 Eq. 1 ; and of. NuttdU v. Mayor of Man-
chester, 8 Times L. B. 513.
ARBITRATIONS. 173
with the mnpire, who afterwards made the award, and it
appeared that one of the arhitrators was interested in it,
the award was set aside, although made by the umpire,
who was not so interested {x). And IE the parties, after
disoovering the arbitrator's interest in the subject-matter,
allow the arbitration to prooeed without objection, thej
may be held to have waived their right to object on that
ground (y).
And where there are three arbitrators, the exclusion of
one bj the other two is misconduct for which the award
would be set aside (z).
Infamy, ue.y perjury or fraud on the part of the arbi- Inf«niy.
trator is also a ground on which he will be removed or the
award set aside (a).
The award may be set aside i£ the arbitrator delegate Delegating
his authority (J), but this does not prevent him from ^^ *^"^'
receiving as evidence the opinions of skilled persons (c).
Such misconduct, however, must be clearly proved, mere
suspicion is not enough ((2). And evidence of an admis-
sion out of Court by an arbitrator, before witnesses, that he
made his award improperly — as, for example, by collusion
or in cons^uence of a bribe — \a not admissible in support
of an application to set aside the award. Such an admis-
sion must be made to the Court itself (a).
{x) Blanchard v. Sun Fire Office, 6 Times L. B. 365.
{y) Clout V. Met. By. Co., 46 L. T. 141.
(z) Chicot V. Lequesne, 2 Yes. 316 ; Barton v. Knight, 2 Yem.
514.
(a) Beddow v. Beddow, 9 Ch. D. 89.
(b) Lingood v. Hade, 2 Atk. 502; ffaigh v. Eaigh, 31 L. J.
Oh. 420.
(c) Col. By. Co. V. Lockhari, 3 Macq. H. L. 808 ; Emery v. Waee,
5 Yes. 848 ; Andereon v. Wallace, 3 Ca. & F. 26 ; ffopcraft v. Eick-
man, 2 S. & 3. 130.
{d) Moseley v. Simpeon, L. R. 16 Eq. 226.
(e) In re Whitdey and BoberU* Arbitration, (1891) 1 Oh. 558.
174
CARRIAGE OF MERCHANDISE BY RAILWAY.
Enforcing
award.
Evidence of
arbitrator.
It is not proposed to go into all the cases in whic^ awards
were set aside prior to the Arbitration Act, 1889. The
powers now possessed by the Court are so much greater
since that Act, that in many cases where the Court
would formerly have been compelled to set aside the award
it might now find some other means of doing justice to
the parties, as by directing the arbitrator to state a case
for its opinion.
Enforcing Award.
Under the Arbitration Act, 1889 (/), an award on a
submission may, by leave of the Court or a judge, be en-
forced in the ssime manner as a judgment or order to the
same effect. And the Rules of the Supreme Court pro-
vide {g) that an award may, with the leave of the Court or
a judge, and on such terms as may be just, be enforced at
any time, though the time for moving to set it aside has
not yet elapsed.
It has been decided by the House of Lords {h) that an
arbitrator can be called as a witness in a legal proceeding
to enforce his award ; he may be asked questions as to what
passed before him, and as to what matters were presented
to biTTi for consideration ; but no questions can be put to
him as to what passed in his own mind when exercising
his discretionary power on the matters submitted to him.
Also the Court will admit the evidence of an arbitrator
in explanation of his award where it appears there has been
some mistake on his part(t).
If, however, an arbitrator's award has not been taken up
he is privileged from producing, as a witness, either the
award, the submission, or papers obtained by him from
(/) Sect. 12.
Ig) Ord. XLT T . r. 31 a.
\h) Buccleugh v. Met. Board of Works, L. E. 5 H. L. 418. See
also Anon.f 3 Atk. 644 ; Pons/ord v. Swainey John. & H. 433.
(t) In re Dare Valley By, Co., L. E. 6 Eq. 429.
ARBITRATIONS. 176
experts for his guidance, and from disclosing the contents
of the award ; but arbitrators are bound to produce docu-
ments handed to them during the investigation hj the
party who calls them {k).
Coats.
Unless the contrary is expressed in the submission it is Oosti.
provided (/), that " the costs of the reference and the award
shall be in the discretion of the arbitrators or umpire, who
may direct to and by whom and in what manner those costs,
or any part thereof, shall be paid, and may tax or settle the
amount of costs to be so paid, or any part thereof, and may
award costs to be paid as between solicitor and client."
And this applies under a submission dated prior to the
Act where the arbitration took place after the Act(m).
And with regard to orders made under the Arbitration Coate nnder
Act, 1889, it is provided (w), that " any order made under Aot.^
this Act may be made on such terms as to costs or other-
wise as the authority making the order thinks just."
But the decision of the Court on a special case stated by
the arbitrator in the course of the reference is not an " order"
so as to enable the Court to order payment of the costs of
the special case. Such costs are costs of the reference, and
therefore the arbitrator may direct by whom they are to be
paid, unless the contrary be provided in the submission (o).
Mkcellaneom Promiona.
The Arbitration Act, 1889, is to apply to any arbitra- Croim to be
tion to which the crown is a party, but is not to compel ^"^d*
{k) FoTu/ord y. Swainef John. & H. 433.
(0 Arbitration Act, 1889 (52 & 63 Vict. c. 49), s. 2, and first
schedule, clause (i).
(m) In re Williams and Stepney's Cmtract, (1891) 2 Q. B. 267.
(n) Sect. 20.
(o) In re Knight and TahernacU Building Society, 8 Times L* B. 783.
176 CARRIAGE OF MERCHANDISE BY RAILWAY.
the orown to submit to a reference without its consent,
nor is the Act to affect the law as to costs payable bj the
crown (o).
The Act is not to affect any arbitration pending at the
commencement of the Act [j. e., 1st of January, 1890 (j3)],
but applies to any arbitration commenced after the com-
mencement of the Act under any agreement or order made
before the commencement of the Act (q) ; and so it applies
to an arbitration held since 1st January, 1890, under a
submission made before that date (r).
The Act also contains the foUowing definitions («) :—
^^ Submission " means a written agreement to submit
present or future differences to arbitration, whether
an arbitrator is named therein or not.
" Court " means her Majesty's High Court of Justice.
" Judge " means a judge of her Majesty's High Court
of Justice.
" Rules of Court " mean the Eules of the Supreme Court
made by the proper authority under the Judicature
Acts.
Bules of Court may be made conferring on a Master the
powers of a judge {f).
The Act repeab the prior enactments relating to arbitra-
tions {u)y and does not extend to Scotland or Ireland (t?).
It may be cited as the Arbitration Act, 1889 (w).
(o) 52 & 53 Yict. c 49, s. 23.
{p) Ibid. 8. 29.
{q) Ibid. s. 25.
(r) In re Williams and Stepney, (1891) 2 Q. B. 257.
(«) 52 & 33 Vict. c. 49, s. 27.
[t) Ibid. B. 21.
(u) Ibid. 8. 26.
(v) Ibid. 8. 28.
(w) Ibid. B. 30.
ARBITRATIONS UNDER ACTS OF 1874 AND 1889. 177
References under Order of Court.
The following provisions of the Arbitration Act, 1889,
apply to references under order of Court : —
Sect. 13 '*(!). Sabject to Rules of Court {w), and to any right to
haye particular cases tried by a jury, the Court or a judge may
refer any question arising in any cause or matter, other than a
criminal proceeding by the Crown, for inquiry or report to any
official or special referee.
** (2) The rejiort of an official or special referee may be adopted
wholly or partially by the Court or a judge, and if so adopted may
be enforoed as a judgment or order to the same effect."
Sect. 14. *^ In any cause or matter (other than a criminal pro-
ceeding by the Crown) —
(a) If all the parties interested who are not imder any disability
consent; or
(b) If the cause or matter requires any prolonged examination of
documents, or any scientific or local investigation, which
cannot, in the opinion of the Court or a judge, conveniently
be made before a jury or conducted by the Court through
its ordinary officers ; or
Cc) If the question in dispute consists wholly or in part of matters
of account ;
the Court or a judge may at any time order the whole cause or
matter, or any issue of fact arising therein, to be tried before a
special referee or arbitrator respectively agreed on by the parties,
or before an official referee or officer of the Court.
*^ A reference of * all matters in difference ' between the parties is
not within this section, and can only be made by consent " (x).
Sect. 15 " (1). In all cases of reference to an official or special Powers and
referee or arbitrator under an order of the Court or a judge in any remuneratioii
cause or matter, the official or special referee or arbitrator shall be ^' arbitrators,
deemed to be an officer of the Court, and shall have such authority,
and shall conduct the reference in such manner as may be pre-
scribed by rules of Court (y), and subject thereto as the Court or
judge may direct.
{w) See Eules of Supreme Court, Ord. XXXVI. rr. 6, 52 a,
and 55 c.
(x) Darlington Waggon Co, v. Harding, (1891) 1 Q. B. 245.
(y) See Ord. XXXVI. r. 45 et seq.
D. N
178 CARRIAGE OF MERCHANDISE BY RAILWAY.
*' (2) The report or award of any official or special referee or
arbitrator on any Buch reference shall, unless set aside by the Court
or a judge, be equivalent to the yerdict of a jury.
** (3) The remuneration to be paid to any special referee or arbi-
trator, to whom any matter is referred under order of the Court or
a judge, shall be determined by the Court or a judge."
Where an award had not been taken up and the arbitrator taxed
his costs under this section he was held entitled to recoyer them
from the parties (z).
Sect. 16. ** The Court or a judge shall, as to references under order
of the Court or a judge, haye all the powers which are by this Act
conferred on the Court or a judge as to references by consent out
of Court."
Sect. 17. ** Her Majesty's Court of Appeal shall haye all the
powers coiiferred by this Act on the Court or a judge thereof imder
the provisions relating to references under order of the Court."
(2) WUIU v. Wakeley, 7 Times L. R. 604.
( 179 )
PART THE SECOND.
PROVISIONAL ORDERS OF THE BOARD OF
TRADE, AS SANCTIONED BY PARLIAMENT,
THE CLASSIFICATION OF MEECHANDISE TRAFFIC
Ain)
THE SCHEDULE OF MAXIMUM BATES AND CHARGES
APPLICABLE THEEETO.
An Act to confirm a Provisional Order made hy the
Board of Trade under the Railway and Canal
Traffic Act J 1888, containing the Classification
of Merchandise Traffic^ and the Schedule of
Maximum Rates and Charges applicable thereto^
of the [London and North Western (a)] Rail-
way Company y and certain other Railway Com-
panies connected therewith.
Whereas under the Railway and Canal Traflfic 6i&62Viot.
Ac5t, 1888, the Board of Trade embodied in a "
provisional order the classification of merchandise
traffic and schedule of maximum rates and charges.
(a) Instead of tlie words '* London and North Western,*' there may be
here substitated the name of any company to which a proyisional order
applies.
180
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
Short title.
Ck>nfirmatioii
of Order in
Bohedale.
including all terminal charges which, in the
opinion of the Board of Trade, ought to be
adopted by the [^.London and North Western] Rail-
way Company, and the railway companies con-
nected therewith, which are mentioned in the
schedule to the said provisional order :
And whereas it is expedient that the provisional
order, as set out in the schedule to this Act
annexed, be confirmed by Act of Parliament :
Be it therefore enacted by the Queen's most
Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament as-
sembled, and by the authority of the same, as
follows :
1. This Act may be cited as the [^London and
North Western'] Railway Company (Rates and
Charges) Order Confirmation Act, 1891 (i).
2. The order, as set out in the schedule to this
Act annexed, shall be and the same is hereby
confirmed, and all the provisions of the said order
in manner and form as they are set out in the
said schedule shall, from and after the passing of
this Act, have full validity and effect.
{b) The abort title to eaob railway company's Act will be found under
the beading of tbat company in l^at part of tbis work dealing witb
special conditions and rates for goods and minerals, pott, pp. 216 et seq.
SCHEDULE. 181
Schedule.
[LONDON AND NORTH WESTERN']
RAILWAY COMPANY.
Order of ihe Board of Trade under the Railway and
Canal Traffic Acty 1888, embodying the dassifi-
cation of merchandise traffic and the authorised
schedule of maximum rates and charges ^ including
all terminal charges applicable to the said classifi-
cation of the [London and North Western'] Railway
Company^ and certain other railway companies
connected therewith.
1 . This order may be cited as the [London and short tiUe.
North Western] Railway Company (Rates and
Charges) Order, 1891.
The ahoit titles of the Orders confirmed in 1892 vary slightly in
form from those confirmed in 1891, so in the case of each company
the short title of the prorisional order will be found in the part
dealing with special conditions and rates, pp. 216 et seq,
2. This order shall come into force and have Commenoe-
effect [on the 1st of August, 1892,] or such later °^"* '
date as the Board of Trade may by order direct,
which date is in this order referred to as the
commencement of this order.
The date is 1st August, 1892, as printed, for the nine companies
haying a terminus in London, and for the other companies the
Ist January, 1893. But as in the case of those nine companies the
Board of Trade have extended the commencement to the Ist of
January, 1893, aU the proyisional orders will come into force on
the same day, viz., Ist January, 1893.
3. This order is to be read and construed sub- interpret*-
ject in all respects to the provisions of the Railway
and Canal Traffic Acts, 1873 and 1888, and of
182 PROVISIONAL ORDERS—GENERAL CONDITIONS.
any other Acts or parts of Acts incorporated
therewith.
Schediiie of 4, From and after the commencement of this
mftzimiixii
rates and order the maximum rates and charges which the
[London and North Western'] Railway Company,
and the railway companies connected therewith
mentioned in the appendix to the schedule to
this order in respect of railways mentioned in
the said appendix, shall be entitled to charge and
make in respect of merchandise traffic on the
railways of the said companies, shall be the rates
and charges specified in the schedule to this order
annexed, and shall be subject to the classification,
regulations and provisions set forth in the said
schedule.
The appendix to each company's schedule is piinted immediately
before the maximum rates applicable to the company, pott^ pp. 216
ENGLISH RAILWAYS (t?).
GENERAL CONDITIONS.
Schedule of Maximum Rates and Charges^ and
Classification of Merchandise Traffic applicable
to the [London and North Western (c?)] Rail-
way Company and certain other Companies con-
nected therewith.
I. — Maximum Rates and Charges.
1 . This schedule of maximum rates and charges
shall be divided into six parts : Part I,, contain-
ing the maximum rates and charges authorised
in respect of the merchandise comprised in the
(tf) The North Eastern Railway has general conditions similar to the
Sootoh railways, poaty p. 336.
(<Q Or insert any railway to which a provisional order applies.
SCHEDULE OF MAXIMUM RATES AND CHARGES, ETC. 183
several classes of merchandise specified in the
classification. Part II. and Part III., containing
the maximum rates and charges authorised in
respect of animals and carriages as therein men-
tioned. Part IV., specifying the exceptional
charges mentioned in such part, and the circum-
stances in which they may be made. Part V.,
containing the rates and charges authorised in
respect of perishable merchandise by passenger
train, with the provisions and regulations which
are to apply to such class of merchandise ; and
Part VI., containing the rates and charges autho-
rised in respect of small parcels by merchandise
train, with the provisions and regulations which
are to apply to such parcels.
Part I. will be found for the yarious railway companies on pp.
216 to 327.
Parts II., m., IV., v., and VI., are identical for all the English
railway companies, and will be found on pp. 208 to 215.
The following clauses (1 to 28 induaiye) are, except where spe- General
cially mentioned, common to the schedules of all the English com- conditions,
panics, and are hereafter referred to as the * * general conditions," and
may conveniently be divided as foUows :— clauses 2 to 9 inclusive,
and clause 22 (returned empties), specify what charges the company
may make, and what services are covered by such charges in each
case.
Clauses 10 to 18 inclusive deal with the manner in which the rate
is to be calculated.
Clauses 1^ to 21 inclusive, and 23 to 28, are of a miscellaneous
character.
It will be noticed that in these clauses a curious distinction is Carriage and
drawn between the expressions ** carriage " and ** conveyance." conveyance.
To understand this and the following sections, it will be necessary
to consider the charging powers of the majority of railway com-
panies prior to the commencement of these provisional orders. As
is well known, the contract of carriage usually entered into by
railway companies is either for carriage of the goods from ono
station to another at a station-to- station rate, or for tho carriage of
the goods from tho point of dojiarture to the ultimate consignee at
184 PROVISIONAL ORDERS — GENERAL COKDITIOKS.
a collection and delivery rate, and in practice a single gross charge
is made in both, oases.
But, in the first case, the services of the company are confined to
acts performed on their own Hne, wliile in the second they act as
carriers by road as well as by rail. The rate clauses of most com-
panies' special Acts provided a maximum rate for conveyance
which was to include the provision of trucks smd locomotive power,
and every other expense incidental to such conveyance, except
a reasonable sum for loading and unloading, covering collection
and delivery, and every other service incidental to the duty or
Terminal business of a carrier. Clauses similar to this occasioned much liti-
question. gation, and raised what was called the terminal question. On the
Traders' view, part of the traders, it was contended that the distinction in such
clauses was virtually that above mentioned between station to
station traffic, which was intended to be covered by the conveyance
rate, and collection and delivery traffic, or traffic in which the
company performed duties or services other ihan carriage by rail-
way, and that the carrier for whose services the company might
charge when performed by them in addition to their conveyance
rate, meant a carrier to and from the railway as distinguished from
a carrier on the line, and that, in this view, accommodation provided
at the terminal station was not to be the subject of a separate
charge (e).
Companies' On the other hand, the railway companies maintained that a
^®^' distinction of a much less simple character was intended. They
said that in the early days of railway traffic the great carriers,
such as Fickford, or Chaplin & Home, had been in the habit of
undertaking the carriage of goods, either owning the goods stations,
or renting them from the railway companies, and bringing the
goods to their stations and there sorting, loading, and labelling
them, and receiving them again at the end of their trsmsit by rail-
way, sorting them in their goods sheds, and delivering them to the
ultimate consignees, the railway company doing nothing but the
haulage from point to point on the railway, while the carrier in-
cluded in his charge sufficient to recoup himself for the provision
of the goods stations smd all the work of sorting, weighing, check-
ing, labelling, clerkage, and other work necessary to prepare the
goods for transit by railway. The railway companies contended
that, having succeeded to the business of these large carriers and
acquired their stations and goods sheds, they were entitled to
charge their maximum rate for conveyance, for the haulage from
point to point, and in addition thereto a reasonable sum for the
{e) See an excellent statement of this view by Sir F. Petl in Uall v.
X. B, ^ S. C. Ity. Co,, 16 Q. B. D. 614 ; 4 B. & Mac. 398.
SCHEDULE OF MAXIMUM BATES AND CHARGES, ETC. 185
proyisioii of staidon acoommodation, and the services rendered by
them at their terminal stations, which had formerly been per-
formed by Pickford or Chaplin & Home, or the other carriers.
This view has finally been upheld by the Court of Appeal (/), and
there can be no doubt that it is the basis on which these provisional
orders have been framed. Thus, under these provisional orders,
when a railway company undertakes the carriage of goods at
station-to- station rates, they are entitled to make : —
(1.) A charge for conveyance or haulage from point to point, CJonveyance.
limited by the maximum conveyance rate (clause 2) ;
(2.) A charge for station terminals, limited by the maximum Station
station terminal for the particular class of goods (clause 3) ; terminal.
(3.) A charge for services when rendered by the company at the Servioe
terminal stations, limited in respect of each servioe by the terminal,
appropriate maximum service terminal (clause 4) ;
(4.) A charge for certcdn special services, if required by the Special
trader, ** by way of addition to the tonnage rate," which in- senricee.
elude collection and delivery when the traffic is consigned at
collection and delivery rates (clause 5) ;
(5.) In the case of merchandise in Class A., when the traffic is Tracks,
conveyed in the company's trucks, they may make a charge
for the provision of trucks, limited by the maximum truck
rate (clause 9).
2(ff). The maximum rate for conveyance is the Maximum
maximum raje which tne company may charge ^^^^^^^
for the conveyance of merchandise by merchan-
dise train ; and, subject to the exceptions and
provisions specified in this schedule, includes the
provision of locomotive power and trucks by the
company, and every other expense incidental to
such conveyance not hereinafter provided for.
Provided that —
(a) The provision of trucks is not included in
the maximum rates applicable to merchan-
(/) Sowerby v. G. N, J2y. Cb., 7 B. & Mac. 166 ; afflrmiog Hall v.
X. B. ^ S. (7. Ry, Co.^ 5 B. & Mac. 28 ; 16 Q. B. D. 614. For an elabo-
rate and careful statement of this view of the law, see the judgment of
Wills, J., in that case, 5 B. & Mac. 30 ; 15 Q. B. D. 636.
{g) Clause 2 of the proyisional order of the North Eastern Hailway
Company differs from this, and is similar to that of the Scotch companies.
Seejw^^, p. 336.
186
PROVISIONAL ORDERS — GENERAL CONDITIONS.
dise specified in Class A. of the classifi-
cation, and the company shall not be
required to provide trucks for the con-
veyance of such merchandise, or for the
conveyance of lime in bulk or salt in
bulk, or of the following articles when
carried in such a manner as to injure the
trucks of the company ; that is to say,
ammoniacal liquor, creosote, coal tar, gas
tar, gas water, or gravel tarred for paving,
(b) Where, for the conveyance of merchan-
dise, other than merchandise specified in
Class A. of the classification, the company
do not provide trucks, the rate authorised
for conveyance shall be reduced by a sum
which for distances not exceeding 50 miles,
shall, in case of difference between the
company and the person liable to pay the
charge, be determined by an arbitrator to
be appointed by the Board of Trade, and
for distances exceeding 60 miles shall be
the charge authorised to be made by the
company for the provision of trucks when
not included in the maximum rate for con-
veyance.
For the maximum rate which the company may make for the
provision of trucks for merchandise, when not included in the
maximum rate for conveyance, see clause 9 hereof. The nmximum
rates for conveyance for different companies vary in each case.
They will be found under the heading of each particular company,
together with any special conditions applicable to the company.
To ascertain by what schedule a particular railway is governed,
reference must be made to the Index of Bail ways, p. 529.
A synopsis of the different rates will be found p. 453.
For short distances, less than six miles, see clause 11.
SCHKDULE OF MAXIMUM RATES A^D CHARGES^ ETC. 187
In estijnating the distance for the purpose of Exing the maximum
conyeyance rate, no part of the railway is to be included which is
subject to a charge for station terminal (clause 10).
For fractions of a mile, see dause 14.
3. The maximum station terminal is the maxi- Maximam
1 1 * 1 j^i 1 J station
mum charg e which the company may make to a terminal,
trader Torthe use o f the accommodation (exclusive
of coal drops) provided, and for the duties under-
taken by the company for which no other provision
is made in this schedule, at the terminal station
for or in dealing with merchandise, as carriers
thereof, before or after conveyance.
The maximum station terminals for each class of traffic will be
found after the maximum rate for that class (see note to clause 2,
ante).
Where a charge is made for station terminal, no portion of the
railway which is subject to the charge for station terminal is to be
included in estimating the conveyance rate (clause 10).
For the definition of a *^ terminal station," see clause 26.
The use of coal drops is a special service for which the company
may make a reasonable charge (see clause 5).
4. The maximum service terminals are the Maximum
maximum c harges which the company may make t^Saia.
to a trader for the following services, when
rendered to or for a trader, that is to say,
loading, unloading, covering, and uncovering
merchandise, which charges shall, in respect of
each service, be deemea to include all charges
for the provision by the company of labour,
machinery, plant, stores, and sheets. Provided
that —
Where merchandise conveyed in a separate
truck is loaded or unloaded elsewhere than in a
shed or building of the company, the company
188 PROVISIONAL ORDERS — GENERAL CONDITIONS.
may not charge to a trader any service terminal
for the performance by the company of any of
the said services if the trader has requested the
company to allow him to perform the service for
himself, and the company have unreasonably
refused to allow him to do so. Any dispute
between a trader and the company in reference
to any service terminal charged to a trader, who
is not allowed by the company to perform for
himself the service, shall be determined by the
Board of Trade.
The maximum service terminals for traffic in classes C. to 5 of
the classification will be found after the maximum rate for each
class of traffic : see note to clause 2, ante.
Service It will be observed that maximum service terminals are only
^""^^*t5 ^^' fixed by these schedules in the case of traffic comprised in classes
C. to 5 inclusive. When loading or unloading, covering or un-
covering, merchandise is performed by the company for traffic in
classes A. or B., such service becomes the subject of a special
charge, for which a reasonable sum by way of addition to the
tonnage rate may be exacted : see clause 5.
There is an important distinction between charges for service
terminals made under this clause, and those made under clause 5
for special services. Except in the case of merchandise conveyed in
a separate truck, and loaded or unloaded elsewhere than in a shed or
building of the company, the trader has no option of performing the
service himself, nor is there any provision made to enable the trader
to dispense with any of these services which he may not require.
Under clause 5, however, it is open to the trader to give notice to
the company that he does not require any of the special services
there mentioned, in which case no charge can be made by the
company for their performance.
It is curious that under this clause any dispute with regard to a
waggon loaded elsewhere than in a shed or building of the company
is to be determined by the Board of Trade, whilst other disputes
referred to in the provisional orders are to be determined by an
arbitrator to be appointed by the Board of Trade. Having regaid,
however, to the Board of Trade Arbitrations Act, 1874 (see clause
25), the Board of Trade will be able to appoint any person to hold
SCHEDULE OF MAXIMUM RATES AND CHAKGESy ETC. 189
an inqiiiry on their behalf, and the result will not be yery
dissimilar.
This clause makes no provision for the reduction of the
maximum where the terminal services are performed partly by
the company and partly by the trader; and it has been held
under the old law that a carrier, whose men gave assistance to a
railway company in the loading, imloading, and weighing of goods,
voluntarily or for the carrier's own convenience, was not entitled
to recover any allowance from the railway company in respect of
such assistance {g) . With regard to merchandise loaded or unloaded
in the company's sheds, this would probably stlU be the law. But
it is submitted that if the merchandise was loaded or unloaded
elsewhere, and the trader had applied to be allowed to perform the
service himself, the fact that he had been allowed partially to do so
might fairly be taken into consideration by any arbitrator to whom
a dispute under this section had been referred.
sernoefi.
5. The company may charge for the services Spedai
hereunder mentioned, or any of them, when
rendered to a trader at his request or for his
convenience, a reasonable sum, by way of addi-
tion to the tonnage rate. Any difference arising
imder this section shall be determined by an
arbitrator to be appointed by the Board of Trade
at the instance of either party. Provided that
where before any service is rendered to a trader
he has given notice in writing to the company
that he does not require it, the service shall not
be deemed to have been rendered at the trader's
request or for his convenience : —
(i.) Services rendered by the company at or in
connexion with sidings not belonging to
the company.
(ii.) The collection or delivery of merchandise
outside the terminal station.'
{g) Edwards v. G. W. Ry, Co., 11 C. B. 688.
190 PROVISIONAL ORDERS GENERAL CONDITIONS.
(iii.) Weighing merchandise.
(iv.) The detention of trucks, or the use or
occupation of any accommodation, before
or after conveyance, beyond such period
as s h all b e reasona bly n ecessar y for e n-
abling t he c o mpany to deal_with the
merchandis e as carriers tljergpf, or the
consignor or co nsignee to give ot^ t al^e
delivery t hereo f ; or, in cases in which
the merchandise is consigned to an ad-
dress other than the terminal station
beyond a reasonable period from the time
when notice has been delivered at such
address that the merchandise has arrived
at the terminal station for delivery. And
services rendered in connexion with such
use and occupation.
(v.) Loading or unloading, covering or uncover-
ing merchandise comprised in Class A. or
Class B. of the classification.
(vi.) The use of coal drops.
(vii.) The provision by the company of accom-
modation at a waterside wharf, and special
services rendered thereat by the company
in respect of loading or unloading mer-
chandise into or out of vessels or barges
where no special charge is prescribed by
any Act of Parliament. Provided that
charges under this sub-section shall for
the piirposes of sub-section (3) of sec-
tion 33 of the Railway and Canal Traffic
Act, 1888, be deemed to be dock charges.
SCHEDULE OF MAXIMUM RATES AND CHARGES, ETC. 191
See note to clause 4, ante.
The law relating to priyate sidings has been discussed ante, (i.) Sidings,
pp. 24 to 28.
Under this clause a railway company would probably be justified
in making a charge in respect of their engine proceeding for any
distance along the siding to collect trucks, and also for any mar-
shalling or shunting which they performed for the trader on his
priyate siding ; but if the trader had arranged his trucks properly,
and as near to the entrance of the siding as was reasonably safe,
the compcmy would probably be unable to charge for going on to
the line merely to attach the trader's trucks to their engine as a
special service (A), such service being a reasonable facility.
Sect. 76 of the BaUways Clauses Act, 1845, provides that, in the
case of sidings made under that section, ** the company shall take
no rate, toll, or other moneys for the passing of passengers* goods
or things along any branch " made under that section.
A private siding would not come within the definition of a
terminal station (clause 26), but sidings made under agreement
with a railway company would be subject to the terms of that
agreement, and sidings provided by the company would be subject
to the charges authorized by clause 7, post (t).
As to collection and delivery, see p. 50. (ii.J Collection
Hitherto a railway company have been allowed to make a charge ^^^ delivery,
to a trader for weighing his merchandise if they could prove an ("^0 ^V'eigh-
agreement with him that they should do so, either expressly or by ^'
implication {k) ; but in the absence of some agreement they could
make no sudi charge (/). The fact of a railway company being
now specifically empowered to make such a charge would seem to
relieve the company of the onus of proving an agreement to pay
the charge ; but at the same time it is submitted that the company
could be called upon to show that the weighing was done for the
convenience or at the request of the trader, and not simply for the
purpose of checking for the benefit of the company. .
Sub-sect. 4 seems to authorize two separate charges : (1) a charge (iv.) Deten-
for demurrage for detention of trucks ; (2) a charge for wharfage ^^^ *** trucks,
or warehousing.
The charge for wharfage or warehousing only arises after
{h) Watkinton v. JFrexham, Mold ^ C<mnah'$ Quay Ry, Co.y 3 N. &
Mao. 6 ; ThttrtU Sulphur % Copper Co. v. X. % N. W, Ry, Co,y 3 N. & Mac.
456.
(t) See ante^ p. 27.
\k) L. ^ X. W. Ry, Co. v. Price, 11 Q. B. D. 485.
(V) Lane. % York. Ry. Co. v. Oidliw, 42 L. J. Ex. 129.
192 PROVISIONAL ORDERS— GENERAL CONDITIONS.
the expiration of the time reasonably necessary for the company
to deal with the merchandise or the consignee to take deliyery
thereof.
It is not clear from the wording of the sub-section whether the
charge for demurrage is subject to the same limitation, or whether
any detention of trucks can be charged for.
It is believed that in practice charges for demurrage are not
made until the expiration of a reasonable time after the arriyal of
the truck at its destination, and the fact of these two charges being
grouped together in the same sub-section would seem to point to
their being both subject to the limitation following them.
But even if this view be adopted, it is probable that the company
might be entitled to make a charge if they allowed their trucks to
be used on a trader's siding off their own line ; and in a case before
the old Bailway Commissioners, where a railway company were in
the habit of supplying waggons to traders who loaded and un-
loaded them on their own premises, and hauled them to and from
the railway compaoy's stations at their own expense, the company
were held entitled to a reasonable charge in respect of the waggons
haying been used on places off their own line, and Id, was thought
to be a reasonable remuneration (m).
Where trucks belonging to a trader are detained by the company
for an unreasonable length of time, he can now reooyer demurrage
against the company. (See clause 6.)
(▼.) Claases For loading, unloading, coyering, and uncoyering merchandise
A. and B. comprised in classes C. to 5, see clause 4, ante.
The fact of charges for loading and unloading, &c., merchandise
in classes A. and B. being placed in this clause instead of clause 4,
will haye the effect of enabling the trader always to perform the
service for himself if he desire to do so.
(vi.) Coal The Railway Commissioners have held 2d, per ton to be a
drops. reasonable charge for the use of coal drops, a small rent also being
charged for the exclusive use of a particular coal drop {n) ; but
where the company charged the consignee for the use of coal drops,
and also tried to charge the consignor for the same, they were
restrained from doing so (o).
(vii.) Wharves Sect. 33 of the Traffic Act of 1888 provides for the division of
rates, and sub-sect. 3 requires a railway company, on application
being made, to distinguish the charges for conveyance for terminals
and for dock charges : see p. 92, ante,
(m) Aberdeen Oommereial Co, v. Gt, North, Sc, Ry, Co,, 3 N. & Mao. 205.
(n) Dunkirk Colly. Co, v. M, S, # X. By, Co., 2 N. & Mao. 402.
(o) Ibid.
SCHEDULE OF MAXIMUM RATES AND CHARGES, ETC. 193
6. Where merchandise is conveyed in trucks Detention of
not belonging to the company, the trader shall be company!
entitled to recover from the company a reasonable
sum by way of demurrage for any detention of
his trucks beyond a reasonable period, either by
the company or by any other company over
whose railway the trucks have been conveyed
under a through rate or contract. Any difference
arising under this section shall be determined by
an arbitrator to be appointed by the Board of
Trade at the instance of either party.
For the converse case of detention of trucks by tlie trader, see
clause 5, sub-s. (iv.), and note thereto.
A trader is entitled to haye his empty trucks returned to him
free of charge (clause 23).
7. Nothing herein contained shall prevent the siding rent.
company from making and receiving, in addition
to the charges specified in the schedule, charges
and payments, by way of rent or otherwise, for
sidings or other structural accommodation pro-
vided or to be provided for the private use of
traders, and not required by the company for
dealing with the traffic for the purposes of convey-
ance, provided that the amount of such charges
or payments is fixed by an agreement, in writing,
signed by the trader, or by some person duly
authorised on his behalf, or determined in case of
difference by an arbitrator to be appointed by
the Board of Trade.
It is presumed that the word ** conveyance " used in this section
is to be understood in the technical sense in which it is used in
clause 2 (see note to clause 1), and as distinguished from carriage.
D. O
194 PROVISIONAL ORDERS — GENERAL CONDITIONS.
Tranship- 3. Jn respoct of merchandise received from or
delivered to aoother railway company having a
railway of a different gauge, the company may
make a reasonable charge for any service of
transhipment performed by them, the amount of
such charge to be determined in case of difference
by an arbitrator to be appointed by the Board of
Trade.
Uflo of trucks. 9 (/). The company may charge for the use of
the trucks provided by them for the conveyance of
merchandise, when the provision of trucks is not
included in the maximum rates for conveyance,
any sums not exceeding the following : —
(^) For distances not exceeding «. d.
20 miles - - - 4^ per ton
For distances exceeding 20
miles, but not exceeding
60 miles - - - 6
^> ?>
For distances exceeding 60
miles, but not exceeding
75 miles - - 9
For distances exceeding 75
miles, but not exceeding
150 miles- - -10
For distances exceeding 150
miles - - - 1 3
>? >>
» >?
>> »
Variation in (i) The charge of 4Jrf. for distances not exceeding 20 miles does
^^S ^^^ occur in the Midland Company's schedule, where the charges
for waggon hire commence —
" For distances not exceeding 60 miles - - 6rf/'
and continue as above.
(/) Note. — This clause (No. 9), as to the charge for the use of tmckB, does
not occur in the North Eastern order, iwhich is in this respect similar to
the Scotch railways.
SCHEDULE OF MAXIMUM RATES AND CHARGES, ETC. 195
On the North Wales Narrow Guuge Bailway the charge for
iruckB is ^d. per ton per mile {see post, p. 238).
The provision of trucks is not included in the conveyance rate
for class A. (clause 2, ante).
When the company do not provide trucks for the conveyance of
goods other than those in class A., the conveyance rate is to be
reduced by an amount which, when the distance is under fifty miles,
is to be determined by aibitration, and when over fifty miles, by the
amounts specified in this clause (see clause 2 (b) ).
II. — Provisions as to fixing Rates and Charges.
10. In calculating the distance along the rail- Distance not
way for the purpose of the maximum charge for tem.hwi^
conveyance of any merchandise, the company ■^''*''^-
shall not include any portion of their railway
which may, in respect of that merchandise, be the
subject of a charge for station terminal.
In calculatiDg the mileage for the purpose of ascertaining the
conveyance rate, the usual plan will be to take the actual mileage
from the point just outside the terminal station, or the point of
junction with a private siding, as the case may be, where oonvey-
aoce in the technical sense (explained in the note to clause I)
commeuces, to the point at the terminus of the railway transit
where the conveyance ceases. To this, however, there are three
exceptions : (1) If the distance is so short as to come within the
short distance clause (clause 11) the mileage there allowed may
be charged for ; (2) where at the point of junction of two lines
there is no station at which traffic can be transferred from one line
to the other, and a railway company's usual custom is to carry the
traffic past the junction to a neighbouring station in order to effect
the transference, and then back along the line and through the
junction, the company will be justified in adding the double mileage
from the junction to such station to the actual distance from point
to point, in order to calculate the conveyance rate (m) ; (3) in
respect of certain portions of the line on account of the cost of con-
struction or working that portion having been or being peculiarly
heavy, or for some similar reason. Certain companies are specially
authorised to charge as for a greater distance than that actually
(m) Mpen v. X. # S. W* Ey- Co^, L. B. 6 G. P. 1. And see p. 82.
02
196 PROVISIONAL ORDERS — OBMERAL CONDITIONS.
carried. The cases in wbicli this exception is authorised will be
found in the table on p. 461.
The question as to what portion of the line of railway travelled
over is the subject of a charge for station terminal is likely to be
one of some difficulty. In clause 2 the maximum conveyance rate
is defined as the maximum rate which the company may charge
for the conveyance of merchandise 'by merchandise train, including,
except as otherwise provided, the provision of locomotive power
and trucks ; and in clause 3 the maximum station terminal is called
the maximum charge which the company may make to a trader
for the accommodation (exclusive of coal drops) provided, and for
the duties undertaken by the company for which no other provision
is made in this schedule, at the terminal station, for or in dealing
with merchandise, as carriers thereof, before or after conveyance
(the technical sense in which the word conveyance, as distinguished
from carriage, must be understood, is explained in the note to
clause 1); and in clause 26 a ** terminal station" is defined as a
station or place upon the railway at which merchandise is loaded
or unloaded before or after conveyance on the railway. But little
help, therefore, as to what is included in the words *' terminal
station" is to be found in the schedule itself. From the foregoing
extracts, however, it may be gathered that a sharp distinction is
drawn between the service of conveyance in its technical sense, %,e.,
haulage, and other services which the company render in dealing
with the merchandise, and that the services covered by the charge
for station terminal end as soon as conveyance (t. f., haulage
simply) begins. To make this distinction clear, the following
extracts from the evidence of Mr. Findlay (r/), taken before the Board
of Trade, have been given, but, except so far as they embody the
views of one of our greatest railway managers, they are not to be
taken as authoritative.
Mr. Findlay, in his evidence before the Board of Trade at the
inquiry at Westminster Town Hall in 1889-90, explained his view
as to what was part of the terminal station, and what was not, as
follows (p. 136, question 176) : — ** There is a place just outside all
the large terminal stations, and not the largest only, but others
which are not so large, where the formation of the trucks into train-
loads takes place, that is, what may be called the shunting and
marshalling of the trains; where the journey of the train com-
mences, and also where it terminates ; and the business in connec-
tion with the working of the station is carried on from that point
inside the limits of the station." Q. 180. **The conveying com-
mences at the sidings and terminates at the sidings close to the
station? A, Quite so."
(n) Now Sir G^rge Findlay, General Manager of the L. ft N. W. By.
SCHEDULE OF KAXIMUM RATES AND CHARGES, ETC. 197
And at page 21d, in answor to question 815, "You must dis-
tinguish, it you please, marshalling from shunting. We include
something for shunting within the station, whether that shunting
is done by engines, by horses, or by hydraulic power. Marshalling
is a service, as we understand it, incidental to conveyance : that is
to say, putting the waggons into train and station order ; therefore,
anything that is performed outside the station in the way of
marshalling in train and station order is not included in the cost of
terminal service."
Mr. Courtenay Boyle asked (question 823): " Did I gather from
you, Mr. Findlay, that, technically speaking, marshalling is diffe-
rent from shunting, and that marshalling is done outside the goods
station, and shunting inside the goods station P "
Mr. Findlay replied, '* What I understand, speaking as a railway
manager, by the term * marshalling/ means that when a train is
formed for a given destination the waggons are marshalled, put in
such order that they can be taken off at the stations ; where the
waggons have to be left at any given destination they are put
together and marshalled in station order. While shunting the
waggons inside the station would mean taking them from separate
sidings, either by means of an engine, or by horse, or by hydraulic
power, and placing them alongside to load, and taking them back
again into the reception sidings."
Question 824, by Mr. Balfour Browne : " Would this be a correct
description of the services : * Shunting and placing the waggons into
position for loading at the station and haulage thence to the place
where they are picked up by the train, including the use of junctions
and expenses of working the same ? ' "
Answer (Mr. Findlay) : *' That is not an unfair description."
11. Where merchandise is conveyed for an short distance
entire distance which does not exceed, in the ° ^^'
case of merchandise in respect of which a station
terminal is chargeable at each end of the transit,
three miles, or in the case of merchandise in
respect of which a station terminal is chargeable
at one end of the transit four and a half miles, or
in the case of merchandise in respect of which no
station terminal is chargeable six miles, the com-
pany may, except as hereinafter specially pro-
vided, make the charges for conveyance authorised
198 PRO^aSIONAL OBDERS — GENERAL CONDITIONS.
by this schedule as for three miles, four and a
half miles, and six miles respectively. Provided
that where merchandise is conveyed by the com-
pany partly on the railway and partly on the
railway of any other company the railway and
the railway of such other company shall, for the
purpose of reckoning such short distance, be con-
sidered as one railway.
It will be seen hereafter that for portions of certain railways
this short distance clause, under which the company is entitled to
charge as for a Tnim'mum distance, is varied.
These exceptions are as follows: —
Alexandra (Newport and South Wales) Docks | j, ■,
and Railway Co. (see p. 325) - - - j
Barry Railway (see p. 325)-
Aberdare Railway (see p. 325)
Taff Vale Railway (see p. 325) -
for classes
Rhymney Railway (see p. 325) - - " r -A., and B.,
Brecon and Merthyr Railway and Pontypridd, 4 miles.
Caerphilly, and Newport Railway (see p. 225)
Llanelly and Mynidd Manor Railway - - >
Buckley Railway (seep. 228), 5 miles substituted for 6 in above
clause.
Ely Valley Railway, 4 miles substituted for 6 in above clause.
Great Northern Railway (see p. 252) —
Railways to which Scale 2 (for classes A. and B.) is applicable,
viz. :
Nottingham, Leicestershire, Derbyshire Lines \
Stafford & Uttoxeter Railway - - " ( ^ miles,
Yorkshire Lines - - - - " " I i^^tead of 6.
Louth & Bardney Railway - - - - y
Chreat Western Raihvay (see p. 261) —
Railways to which Scale 3 (for classes A. and B.) is applicable,
viz. :
Hereford to Mountain Ash - - -
Nantymoel to Brynmenyn
Blackmill to Gelly Rhaidd - - - ~ I ^ miles.
Little Ogmore Branch - - - - - instead of 6.
Pontypool Road to Maindoe Junction -
Blackmill Junction to Llanharran Junction ^
• >
8CHBDULE OF MAXIMUM BATES AND CHARGES, ETC. 199
London & North Western Railway (Bee p. 272) —
Whitehaven Junction Railway ... / f or clasMS
Cockermouth and Workington Railway - - i *^ '
Sirhowy Railway (for class A. trafBc conTeyed for less than
four miles on the Sirhowy Railway, iiTcspective of origin
and destination), the company may charge as for four
miles.
London & North Western & Fumess joint ( . j Tk
«.rt «...x { A. andB.,
raUway (see pp. 243, 244) - - . j ^ ^^^
[Por traffic over the joint railways for a less distance than
3 miles to Whitehaven or the Lonsdale Works, see p. 243.]
Midland Railway (see p. 303) —
Swansea Yale Railway (Swansea to Brynamman) - 3 miles.
Neath A Brecon Railway (see p. 305), 4 miles suhstituted for 6 in
the above clause.
oom-
12. For any quantity of merchandise less than -vnien
a truck load which the company either receive or ^^™*^p
deliver in one truck, on or at a sidinor not belong- minimuni
. ® ® truck load.
ing to the company, or which, from the circum-
stances in which the merchandise is tendered, or
the nature of the merchandise, the company are
obliged or required to carry in one truck, the
company may charge as for a reasonable mini-
mum load, having regard to the nature of the
merchandise.
** As for a reasonable minimum load." This would probably be
in the case of merchandise in classes A. and B. four tons, and
class C. two tons (n). It will also be found that certain articles are
{n) This saggestion is made for the following reason. In the year 1832
traffic in the Mineral Class of the Clearing House GlassificAtioD had to be
in '*fiill loads." This, however, gave rise to diffioalty in determiDing
what was a fall load, and cooseqaently in 1861 '*fuU loads*' were
changed to *' four- ton loads *' (tiee the evidence before the Parliamentary
Committee on Railway Rates, 1891, of Mr. Findlay, Q. 3172, and Mr.
Lambert, Q. 3272) ; and a similar scheme seems to have been adopted in the
prerteiit classification (see pott^ 365, 366} . The southern compauies adopted
a five- ton minimum, hut the four- ton minimum for cla8>eH A. and B,
now apphes to both northern and southern companies,
200
PROVISIONAL ORDERS— GENERAL CONDITIONS.
put into a particular class in the classification when consigned in
quantities of not less than so many hundredweight, which might
be adduced as evidence of what made a reasonable truck load.
With regard to classes 1 to 5, however, the quantity which would
form a reasonable minimum load would vary with each article, and
the ordinary custom of railway traffic.
Fraotions of
a ton.
Fraction of
mile.
Fraction of
penny.
Weight.
Stone.
13. Wliere a consignment by merchandise train
is over three hundredweight and under 5 tons in
weight, a fraction of a quarter of a hundredweight
may be charged for as a quarter of a hundred-
weight; and where a consignment by merchan-
dise train is over five tons in weight, a fraction
of a quarter of a ton may be charged for as a
quarter of a ton.
14. For a fraction of a milfe the company may
charge according to the number of quarters of a
mile in that fraction, and a fraction of a quarter
of a mile may be charged for as a quarter of a mile.
15. For a fraction of a penny in the gross
amount of rates and charges for any consignment
for the entire distance carried, the company may
demand a penny.
As to siding to siding traffic on the North Staffordshire, see
poet, p. 316.
16. Weight (except as to stone and timber
when charged by measurement) shall be deter-
mined according to the imperial avoirdupois
weight.
17. All stone shall be charged at actual weight,
when the weight can be conveniently ascertained.
When the actual weight of stone in blocks cannot
be conveniently ascertained, fourteen cubic feet of
stone in blocks may be charged for as one ton.
SCHEDULE OF MAXIMUM RATES AKD CHARGES, ETC. 201
and smaller quantities may be charged for in the
like proportion.
18. When timber is consigned by measurement Timbep.
weight, forty cubic feet of oak, mahogany, teak,
beech, greenheart, ash, elm, hickory, ironwood,
baywood, or other heavy timber, and fifty cubic
feet of poplar, larch, fir, or other light timber
other than deals, battens, and boards, and sixty-six
cubic feet of deals, battens, and boards, may be
charged for as one ton, and smaller quantities may
be charged for in the like proportion. The cubic
contents of timber consigned by measurement
weight shall be ascertained by the most accurate
mode of measurement in use for the time being.
Timber, when consigDed by actual machine weight, is placed in
class C. of the classification, and when consigned by measurement
weight, in class 1.
19. Articles sent in large aggregate quantities. Separate
although made up of separate parcels, such as
bags of sugar, coffee, and the like, shall not be
deemed to be small parcels.
III. — Miscellaneous.
20. In respect of any merchandise or article of Artidesnot
any description which is not specified in the ciasHiflcation.
classification, the company may, unless and until .
such merchandise or article is duly added to this
classification and schedule pursuant to sub-section
eleven of section twenty-four of the Railway and
Canal Traffic Act, 1888, make the charges which
are by this schedule authorised in respect of
merchandise and things in class 3.
Under sect. 24 of the Traffic Act of 1888, sub-sect, li, **Any Addition to
railway company may, and any person upon giving not less than o l «w ' " < ^ t ion.
202
PROVISIONAL ORDERS — GENERAL CONDITIONS.
twenty-one days' notice to the railway company, may apply in the pre-
scribed manner to the Board of Trade to amend any classification and
schedule by adding thereto any articles, matters, or things, and the
Board of Trade may hear and determine such application, and classify
and deal with the articles, matters, or things referred to therein,
in such manner as the Board of Trade may think right. Every
determiDation of the Board of Trade under this sub-section shall
forthwith be published in the * London Gazette,' and shall take
effect as from the date of the publication thereof." It is to be
observed that this power conferred on the Board of Trade is only
to add to the classification and not to alter or subtract from it.
Any alteration except by way of addition can only be made by
Parliament.
Saving for
dock and
shipping'
aocommoda<
tion.
Heturned
empties.
21. Nothing herein contained shall affect the
right of the company to make any charges which
they are authorised by any Act of Parliament to
make in respect of any accommodation or services
provided or rendered by the company at or in
connection with docks or shipping places.
22. In respect of returned empties, if from the
same station and consignee to which and to whom
they were carried full to the same station and
consignor from which and from whom they were
carried full, the company may charge the following
rates inclusive of station and service terminals : —
For any distance not exceeding
25 miles . . -
For any distance exceeding 25
miles but not exceeding 50
miles . - ,
For any distance exceeding 50
miles but not exceeding 100
miles ...
For each additional 50 miles or
part of 50 miles
The minimum weight to be 56 lbs., with
minimum charge of 3d.
Sd. per cwt.
4t/.
}y
Sd.
Sd.
}}
9)
K
SCHSDT7LE OF HAl^IHUM RATES AND CHAKGES, ETC. 203
Provided that —
(1.) Returned empty sacks and bags shall not
be charged more than half the above rates,
with a minimum charge of 4(/.
(2.) Returned empty carboys or crates (other
than glass manufacturers' crates and crates
taken to pieces and so packed) may be
charged double the above rates.
(3.) Returned empty fish packages shall not be
charged more than the following rates : —
For anv distance not ex-
ceeding 50 miles - 4rf. per cwt.
For any distance exceed-
ing 50 miles, but not
exceeding 100 miles 6rf. „
For any distance exceed-
ing 100 miles, bat not
exceeding 150 miles - 7d. „
For any distance exceed-
ing 150 miles, but not
exceeding 200 miles - 8(/. „
For any distance exceed-
ing 200 miles, but not
exceeding 250 miles - 9rf. ,,
For any distance exceed-
ing 250 miles, but not
exceeding 300 miles - lOd. „
For any distance exceed-
ing 300 miles - -lid. „
The minimum weight to be 56 lbs., with a
minimum charge of 4rf.
Empty cases, casks, crates, hampers, and other empties not
included in the above appear in class 5 of the classification.
In the case of the Irish railways there is a fourth sub-section to
the proviso in this section, dealing with brewers' returned empties :
it will be ioxmdpost, p. 331.
204
PEO VISIONAL ORDERS— GENERAL CONDITIONS.
Tradera'
empty tracks.
GompanieB
exerdHing
rauning
powers.
23. Where merchandise is conveyed in a
trader's truck, the company shall not make any
charge in respect of the return of the truck
empty, provided that the truck is returned empty
from the consignee and station or siding to whom
and to which it was consigned loaded, direct to
the consignor and station or siding from whom
and whence it was so consigned, and where a
trader forwards an empty truck to any station or
siding for the purpose of being loaded with mer-
chandise the company shall make no charge in
respect of the forwarding of such empty truck,
provided the truck is returned to them loaded for
conveyance direct to the consignor and station
or siding from whom and whence it was so
forwarded.
Under clause 6 a trader can recover a reasonable sum by way of
demurrage for any detention of his trucks beyond a reasonable
period.
24. Any railway company (other than the com-
pany) conveying merchandise on the railway, or
performing any of the services for which rates or
charges are authorised by this schedule, shall be
entitled to charge and make the same rates and
charges as the company are by this schedule
authorised to make.
Arbitrations. 25. The Board of Trade Arbitrations, &c., Act,
1874, shall, so far as applicable, apply to every
determination of a difference or question by arbi-
tration under the provisions herein contained.
The Board of Trade Arbitrations Act, 1874 (n), is divided into
two parts ; the first part deals with inquiries by the Board of Trade
Board of
Trade
inquiries.
(n) 37 & 38 Vict. o. 40.
SCHEDULE OF MAXIMUM RATES AND CHARGES, ETC. 205
and proridee (sect. 2) that where the Board of Trade are required
to determine any matter or thing they may hold an inquiry, and
may make orders as to the costs of the inquiry and of arbitrations.
The second part of the Act gives power to the Board of Trade to Reference to
refer to the decision of the Bailway Commissioners any difference Bail way
to which a railway company is a party (except where application is aioners.
made for the appointment of an umpire under sect. 28 of the Lands
Clauses Act, 1845).
The proTisions of this Act and of the Arbitration Act, 1889, will
be found more fully discussed in the chapter on Arbitrations, a/ite,
p. 147.
26. In this schedule, unless the context otherwise i>ofliiitions.
requires : —
The term "the company" means a railway
company to which tliis schedule applies ;
The term " the railway '^ means any railway or
steam tramway over which the company
conveys merchandise, and in respect of
which no maximum rates and charges other
than those authorised in this schedule are
for the time being authorised by Parlia-
ment ;
The term " merchandise" includes goods, cattle,
live stock, and animals of all descriptions ;
The term " the classification " means the classi-
fication of goods annexed to this schedule ;
The term "trader" includes any person send-
ing, or receiving, or desiring to send mer-
chandise by the railway ;
The term "terminal station" means a station
or place upon the railway at which a con-
signment of merchandise is loaded or un-
loaded before or after conveyance on the
railway, but does not include any station or
206
PROVISIONAL ORDERS — GENERAL CONDITIONS.
MerchandiBe
in ptwsenger
trains.
Met. Diet.
Ry. Co.
junction at which the merchandise in respect
of which any terminal is charged has been
exchanged with, handed over to, or received
from any other railway company, or a junction
Tipfyppn flift T^ail way an d a siding le t by or not
belonging to the company ,\ or in respect of
merchandise passing to or from such siding ,
any station with which such siding may be
connected, or any dock or shipping place the
charges for the use of which are regulated
by 'Act of Parliament ;
The term '^siding" includes branch railways
not belonging to a railway company ;
The term ^* person " includes a company or
body corporate.
27. The foregoing provisions shall, so far as
applicable, apply to merchandise when conveyed
by passenger train under Part V. ; but, save as
aforesaid and so far as is provided by Part V.,
nothing herein contained shall apply to the con-
veyance of merchandise by passenger trains, or
to the charges which the company may make
therefor.
In the schedule of the East London Railway Company the fol-
lowing proviso is appended to this clause : —
** Provided that nothing herein contained shall compel the Metro-
politan District Bail way Company to become common carriers of
merchandise other than such merchandise as is specified in Part YI.
of the schedule hereto.''
Part YI. relates to the carriage of small parcels by merchandise
train.
AppUoaticm. 28. This Schedule shall apply to the [^London
and North Western] Railway Company, and the
SCHBDULE OF MAXIMUM R\TBS AND CHARGES, ETC.
other companies inentioned in the Appendix
hereto so far as relates to the railways therein
specified.
This claufie (28) does not occur in the schednles of the following
railway companies, to whose schedules there is no appeadiz.
207
Abbot^bury Rail. Co.
Athenry and Ennis Junction
Bail. Co. (Irish Lines).
Brecon and Merthyr Bail. Co.
Cambrian Bail. Co.
Cleator and Workington Bail.
Co.
East London Bail. Co.
Festiniog Bcdl. Co.
Fumess Bail. Co.
Hull, Bamnley, &c. Bail. Co.
Isle of Wight Bail. Co.
London, Tilbury, and South-
end Bail. Co.
Midland and South Western
Bail. Co.
North Eastern Bail. Co.
North London Bail. Co.
TafP Vale Bail. Co.
Maximum Rates and Charges.
Part I.— GOODS AND MINERALS.
[The maximum rates for goods and minerals vary in the case of
nearly every company. They will be found in the following
pages 216 to 326, together with a list of the railways to which (in
addition to the railway from which it is named) each schedule is
applicable, and any special conditions applicable to particular rail-
ways. To ascertain by what schedule a particular railway is governed
reference must be made to the Index of Railways, p. 629.]
208
Part II.— ANIMAL CLASS (o).
DsaCBIPTION.
1. For every bone, mule, or
other beant of draught or
burden
2. For every ox, cow, bull,
or head of ueat catile
3. For every calf uut exceed-
ing 12 moiithn old, pig. sheep,
lamb, or other small animal . .
4. For every animal of the
several clanses above enume
rated conveyed in a separate
carriage, by directicm of the
coUHignor, or from ueoeSMity . .
6. For each truck contaiuing
any consignment by the same
person of such number of oxen,
cows, neat cattle, calves, sheep,
g^ats, or pigs as may reaMon -
tMy Vw y ji.rpt>d in a trutJr of
13 feet 6 inches in length inside
measurement
6. Fur each truck containing
any consignment by the same
person of such number of oxen,
cows, neat cattle, calves, sheep,
goats, or pigs as may reasou-
ably be carried in a truck t>f
15 feet 6 inches in leugth inside
measurement
7. For each truck containing
any consigument by the same
person of such number of oxen,
cows, neat cattle, calves, nheep,
goats, or pigs, as may reasonably
be carried in a truck of 1 8 feet
in length inside measurement.
Batkb for Covvbtavcb prr Hilb.
Sj Si
d.
3
2
0-76
6
6
|8a|
d.
3
2
075
6
6
8
goo c
d.
1-65
1-30
0-40
6
4-90
5-20
•t
d.
1-65
1-30
0-35
*. d.
6
4
2
6
4*20
4-50
6-20
6*50
1 6
1
1
Skbvicb
Tbrminals.
*, d.
4
3
1-60
1
6
1
9
1
*, d.
4
3
1*50
1
6
9
1
3 ^
I la
S
t. d.
2 6
•2 6
2 6
5
5
6
6
The termiaal charges other than those payable under paragraph 4 on animals
sent by the same person at a rate calculated per head, and earned in the same
truck, shall in no case exceed the terminal charges per truck.
Where the cotnpaDy is required to cleanse and does cleanse trucks under the
provision of any Order in Council, or duly authorised regulation of any Depart-
ment of State, they may make a charge not exceeding one shilling per truck in
addition to the charges nerein authorised.
* The columns headed thus * do not appear in the schedules of the foUowinfir companies,
the conveyance rate in the fiist column applying for all distances on these lines : — East
Xx>ndon : Festiniog ; ImIc of Wight : North London.
t The (xilumns ht aded thus t do not occur in the schedule of the Cleator & Workington
Railway Company.
(o) Applicable to all English railways, including the North Eastern.
SCHEDULE OF MAXIMUM RATES AMD CBABOES, ETC.
209
Pabt III.— carriages (j»).
Bbscuptiox.
For ereay oarriage of whatoyer
description not indaded in
the daasification, and not
being a oarriage adapted and
naed for travelling on the
railway, and not weighing
more than one ton, carried
or oonveyed on a truck or
platform •
For erery additional quarter
of a ton which such oarriage
may weigh
For the nae of a oovered
carriage trock for the oon-
Teyance of any such oaniage.
Ratb vob Coxtbtakob.
JS
I
6(f
Per
Mile.
d.
6
i
Per
Mile.
d.
e
it
s
"S
it
I"
8
•t
Per
Mile.
d.
3-80
1*36
An additional charge
of ten ahillings.
•t
Per
Mile.
d.
3*20
1*26
1
GQ
a. d.
1
Bbbtiob Tbbmibals.
d.
6
i/.
6
6
d.
e
<f.
* The oolumns headed thns* donot ocotirin the sohedoleBof the following companies : —
East London ; Festiniog ; Isle of Wight ; North London ; and the Scotdi railway City
of Glasgow Union. The rate for conveyance in the first column applying for all
distances on those lines.
t The columns headed thus t do not occur in the Cleator ft Workington Bailway
Company's schedule.
{p) Applicable to English, Irish, and Scotch Railways.
D.
210
PSOYISIONAX OBDEBS— OBKEBAL CONDITIONS.
Part IV.— EXCEPTIONAL CLASS (j).
Beaoription.
For artioles of nnnsnal length, bulk, or
weight, or of exceptional bulk in pro-
portion to weight ....
For articles requiring an exceptional
truck, or more than one truck, or a
special train
For locomotive engines and tenders, and
railway vehicles running on their own
wheels
For any wild beast, or any larg^e animal
not otherwise proyided for
For dangerous goods
For specie, bullion, or precious stones . .
For any aocommodation or services pro-
vided or rendered by the company
within the scope of their undertaking
by the desire of a trader, and in respect
of which no provisions are made by this
schedule
Gbarge.
Such reasonable sum
y as the company-
may think fit in each case.
The above provisions shall not apply to pieces of
timber weighing less than four tons each, but for
all such timber when requiring two or more wag-
gons for conveyance a minimum charge may be
made as for one ton for each waggon used, whether
carrying part of the load or used as a safety
waggon only.
An increased charge of 50 per cent, above the ordinary rate for
the carriage of a cask of spirits was held an unreasonable charge,
though the cask of spirits was found to be dangerous goods (r).
(q) Applicable to English, Irish, and Scotch companies,
(r) Gartan v. Sristol i Exeter Mail. Co., 4 H. & N. 33.
SCHEDULE OF MAXIMUM RATES AND CHARGES, ETC. 211
Part v.— perishable MERCHANDISE BY
PASSENGER TRAIN (4
The following provisions and regulations shall
be applicable to the conveyance of perishable
merchandise by passenger train :-
1. The company shall afford reasonable faci-
lities for the expeditious conveyance of the articles
enumerated in the three divisions set out here-
under (which articles are hereinafter called '^ per-
ishables "), either by passenger train or by other
similar service,
2. Such facilities shall be subject to the reason-
able regulations of the company for the conve-
nient and punctual working of their passenger
train service, and shall not include any obligation
to convey perishables by any particular train.
3. The company shall not be under obligation
to convey by passenger train, or other similar
service, any merchandise other than perishables.
4. Any question as to the facilities afforded by
the company under these provisions and regula-
tions shall be determined by the Board of Trade.
5. Where a consignment of milk is less than
twelve gallons, the company shall be entitled to
charge as for twelve gallons, and where a con-
signment of perishable merchandise comprised in
Divisions II. or III. is less than one hundred-
(«) Applicable to English, Irish, and Scotch oompaniee.
p2
212 . FKOYISIONAL ORDERS — GENERAL CONDITIONS.
weight, the company shall be entitled to charge
as for one hundredweight, with a minimum charge
of Is.
DiviBioN I. — Milk.
Division IL — ^Butter (fresh). Cheese (soft). Cream. Eggs.
Fish — Char. Gfrayling. Lobsters. Mullet (Red).
Oysters. Prawns. Salmon. Soles. Trout. Turbot.
Whitebait. Fruit — Hothouse fruit. Game (dead).
Meat (fresh). Poultry (dead). Babbits (dead). Vege-
tables (hothouse).
Division III. — Fish (except as provided in Division II.).
Fruit (except as provided in Division 11.). Ice.
Maximum rates and charges for the three divisions —
Division I.
Bats fob CdrvKTAircB.
Station
Tenninal
at each
End.
Sbbticb TsBJaXALS.
For any
DifltAnce
not ex-
oeeding
ao Miles.
For any
Distance
exoeeding
20, but not
For any
Distanoe
exceedlDR
60, but not
For any
Distance
exceeding
76, but not
For any
Distance
exceeding
100 Miles,
but not
exceediz^
160 Miles.
For any
Distance
exceeding
Loading.
Unloading^.
exceeding
60 Milefl.
exceeding
76 Miles.
exceeding
lOOMilffl.
160 Miles.
•
•t
•t
•t
•t
Per
Per
Per
Per
Per
Per
-
Imperial
Imperial
Imperial
Imperial
Imperial
Imperial
Per Can.
Per Can.
Per Can.
GaUon.
Qallon.
Gallon.
Gallon.
GkUon.
Gallon.
d.
d.
d.
d.
d.
d.
d.
d.
d.
0-60
0-60
0-70
0-90
1-00
1-20
160
1-00
100
RETURNED EMPTY CANS.
Per Can.
Per Can.
Per Can.
Per Can.
Per Can.
Per Can.
d.
d.
d.
d.
d.
d.
1-60
2-00
2-25
2-50
300
3*00
0-50
0-50
* The oolnmns headed thus * do not appear in the schedules of the following oom-
panies : — ^East London ; Festiniog ; Isle of Wight ; North London ; and the Sootoh
railway City of Glasgow Union. The rate for conveyance in the first oolomn applying
for all distances on those lines.
t The colomns headed thus f do not oconr in the Cleator ft Workington Railway-
Company's schedule.
PEKISHABLES.
213
TWaximTiin raies and oharges — continued.
BaTI fob OoiTTZTAirCK.
Station
each End.
SbBVICB TBBinXALB.
Fortbefint
or any
psrtof radi
Distaaoo.
IVv the next
SOMilM,
oraay
partof sdfih
Diataoce.
For the next
SOMIlee,
or any
partof sadi
Distanoe.
For the
Tcmainder
of the
Diatanoe.
Loading.
Un-
loading.
PerOwt.
per Mile.
•
PerCwt.
per Mile.
•t
PerCwt.
per Kile.
♦t
Per Cwt.
per Mile.
PerCwt.
Per
Cwt.
Per
Cwt.
IhTZSZOH II.
d.
0-60
d.
0.45
d.
0-24
d.
010
d.
0-76
d.
0-76
d,
0-76
"Drnaov III.
d.
0-40
d.
0-30
d.
013
d.
012
d.
0-76
d.
0-60
d,
0-50
* The oolmnnfl headed thus * do not appear in the Bohedolee of the following com-
panies : — ^East London ; Festiniog ; Isle of Wight ; North London ; and the Scotch
railway Citj of Glasgow Union. The rate for conveyance in the first colomn applying
for all distances on those lines.
t The columns headed thus t do not occur in the Cleator & Workington Railway
Company's schedule.
214
FBOVISIONAL OSDEBS — GENEKA.L C0NU1TI0N8.
Part VI.— SMALL PARCELS BY MER-
CHANDISE TRAIN (0-
1. For small parcels by merchandise trains,
not exceeding in weight three hundredweight,
the company may charge, in addition to the
maximmn rates for conveyance, and the maximum
station and service terminals, authorised by this
schedule, which rates and charges are in this part
together referred to by the expression *^the
maximimi tonnage charge," the following : —
Anthorised
additional
ehai^per
Fkuoel.
Per Ton.
Per Ton.
a, d,
6
Wliea the maximnm tonnage
charge does not exceed
^When the maximum tonnage
charge exceeds «
«• d.
20
20
30
40
60
60
70
80
90
100
«. d.
6
7
8
9
10
1
1 2
1 4
1 6
, bat does not
^ exceed <
80
40
60
60
70
80
90
100
2. Where, for a parcel exceeding in wefght
three hundredweight, the maximum tonnage
charge comes to less than the company are
authorised, according to the above table, to
charge for a parcel of three hundredweight in
weight, the company may charge for such parcel
as if its weight was three hundredweight.
(t) Applicable to English, Irish, and Scotch companies.
SMALL PARCELS.
215
3. A small parcel under this part of the sche-
dule may consist of one consignment of two or
more packages of merchandise comprised in the
same class of the classification of not less than
fourteen pounds each in weight.
4. For a small parcel of less than twenty-eight
pounds in weight the company may charge as for
a parcel of twenty-eight pounds in weight.
6. For a fraction of fourteen pounds in weight
the company may charge as for fourteen pounds
weight.
6. Any small parcel (other than a parcel of
mixed groceries) containing articles belonging to
different cleisses of the classification shall be
chargeable with the maximum tonnage charge
applicable to the highest of such classes.
7. If the consignor of a small parcel declines
on demand by the company to declare to the
company the nature of the contents of tlie small
parcel before or at the time when the same is
delivered to the company for conveyance, the
company may charge for the parcel as if it was
wholly composed of articles comprised in Class 5
of the classification.
8. Nothing in this part of this schedule shall
apply to returned empties.
216 PKOVISIONAI. ORDERS— SPECIAL PROVISIONS,
SPECIAL PROVISIONS.
The foregoing proTisions are (with the few exceptions noticed
above) common to the schedules of all the English railway com-
panies. The classification of traffic which is also common to all the
schedules is, for convenience, placed later in the volume. It remainB
to consider those matters in which the schedules of the different
companies differ one from the other.
These are as follows : —
(1) The railways and railway companies to which the partioolar
schedule applies.
(2) The special conditions (if any) applicable to the traffic on
particular railways or particular parts of railways.
(3) The maximum rates and charges for goods and minerals
forming Fart I. of Mn-yiTmrni Bates, the consideration of
which was omitted above.
The following is a list of the railway companies having schedules
of their own: —
English Coicpanies.
Abbotsbtuy Bail. Co. London, Brighton, and South
Brecon and Merthyr Tydfil Coast.
Junction. London, Chatham and Dover.
Cambrian. London, Tilbury and South-
Cleator and Workington. end.
East London. Manchester, Sheffield, and
Festiniog. Lincolnshire.
Fumess. Metropolitan.
Great Eastern. Midland.
Great Northern. Midland and Southwestern
Great Western. Junction.
H\ill,Bamsley,andWestBiding North Eastern.
Junction. North London.
Isle of Wight. North Staffordshire.
Lancashire and Yorkshire. South Eastern.
London and North Western. Taff Yale.
London and South Western.
ABBOTSBURT RAILWAY. 217
The other railways are incliided in one of the railway company's
schedules above-mentioned, sometimes by being expressly men-
tioned in the Confirmation Act, sometimes by being included in an
appendix to the Order. Probably the result will be the same in
either case. The distinction, however, has been preserved. In
order to ascertain in what schedule a particular railway is included,
reference must be made to the Index of Bailways, p. 529.
[do & 56 Yict. cap. xxzix.]
ABBOTSBURY RAILWAY.
[Note. — The Provisional Order applicable to the Abbotsbury Short title.
Bailway Company may be cited as **The Bailway Bates and
Charges, No. 1 (Abbotsbury Bailway, &c.) Order, 1892 ; " and the
Act confirming it as *'The Bailway Bates and Charges, No. 1
(Abbotsbury Bailway, &c.) Order Confirmation Act, 1892."
Commencement of Order Ist January, 1893, unless Board of Gommeiioe«
Trade otherwise direct.] meat.
Order of the Board of Trade under the Railway and
Canal Traffic Act^ 1888, embodying the Classiji-
cation of Merchandise Traffic and the Schedule of
Maximum Mates and Charges^ including all Ter-
minal Charges applicable to the said Classification
of-
(L) The Railways belonging to the following
Railway Companies whose lines are leased or
worked by the Great Western Railway Company,
viz., the Abbotsbury Railway Company ; Abing-
don Railway Company ; Bala and Festiniog Rail-
way Company ; Banbury and Cheltenham Direct
Railway Company ; Bridport Railway Company ;
Buckfastleigh, Totnes, and South Devon Railway
Company; Calne Railway Company; Cornwall
Minerals Railway Company; Corwen and Bala
218 PBOVISIONAL ORDEBfi — SPECIAL PROVISIONS.
Railway Company ; Devon and Somerset Railway
Company; Didcot, Newbury, and Southampton
Railway Company; Ely Valley Railway Com-
pany; Great Marlow Railway Company; Helston
Railway Company ; Kington and Eardisley Rail-
way Company; Leominster and Kington Railway
Company; Llangollen and Corwen Railway Com-
pany; Marlborough Railway Company; Milford
Railway Company; Minehead Rail way Company ;
Much Wenlock and Severn Junction Railway Com-
pany; Nantwich and Market Drayton Railway
Company ; Newent Railway Company ; Oldbury
Railway Company; Princetown Railway Com-
pany; Ross and Ledbury Railway Company; Ross
and Monmouth Railway Company; Staines and
West Drayton Railway Company ; Teign Valley
Railway Company; Tiverton and North Devon
Railway Company ; Vale of Llangollen Railway
Company ; Wellington and Severn Junction Rail-
way Company; Wenlock Railway Company; West
Somerset Railway Company; Woodstock Railway
Company ; Wye Valley Railway Company.
(2.) The Railways belonging to the following
Railway Companies whose lines are leased or
worked by the London and North- Western and
Great Western Railway Companies, viz., the
Ludlow and Clee Hill Railway Company; Vale
of Towy Railway Company.
(3.) The following Railways which are owned,
leased, or worked by the London and North-
Western and Great Western Railway Companies,
viz., the Shrewsbury and Hereford Railway;
ABBOT8BT7BY RAILWAY.
219
Shrewsbury and Wellington Railway; Shrewsbury and
Welshpool Railway; Tenbury Railway.
(4.) The following Railway which is owned^ leased^
or worked by the Midland Railway Company and the
Great Western Railway Company, viz,, the Clifton Ex-
tension Railway.
MAXIMUM BATES AND CHARGES.
With regard to merchandise conveyed on the Ludlow
and Clee Hill Railway, in addition to the maximum rates
and terminals herein authorised, the company shall have
power to charge for the use of each of the two inclined
planes, being respectively of gradients steeper than 1 in 28
on the railway, a sum not exceeding one penny per ton.
PART I.— Goods aio) Mine&als.
(a) Rates and Terminals in respect of Merchandise
comprised in Classes A. and B.
Scale I. — Applicable to tJie Newent Railway Company ; Rom and Ledbury RaiU
way Company ; Shrewsbury and Hereford Railway ; Shrewsbury and
Wellington Railway ; Shrewsbury and Welshpool Railuxiy ; and Ten*
bv/ry Railway.
A.
B.
Xaxiicuic Batss fob Covvxtakci.
MaZIVUH TSBKIirALB.
For Conaignmenta, except as othendM
provided in the Schedule.
For the first
20 Miles
or any part of
each
DtBtanoe.
Per Ton
per Mile.
d.
116
1-25
For the next
aoMOee
or any part of
mch
Distance.
For the
remainder of
the Distanee.
Per Ton
per Mile.
d.
,0-90
1-00
Per Ton
per Mile.
d.
0-45
0-80
Per
Ton.
«. d.
3
6
Seryioe Terminals.
^
F
Per
Ton.
». d.
Per
Ton.
s. d.
Per
Ton.
d.
bo
Per
Ton.
d.
B.
220
FIIOVISIOKAL OBDBRS-^PECIAL PROVISIONS.
Scale n. — Applicable to the Ely Valley Railway Company.
^ .91
-8 8 1..
A.
B.
ICAXmUM B&TX8
FOB CONYBTANCS.
For GoDBigimientSi
except 08 otiier*
yriab pzovided in
the Schedule.
Per Ton per
Mile.
0-875
1-25
IfAZIlCnX TSBHXVALB.
Station
Terminal at
eadiEnd.
Per Ton.
B, d,
3
6
Senrioe Tenninalfl.
Loading.
Per Ton.
«. d.
Unloading.
Per Ton.
», d.
Covering.
Fee Ton.
d.
Unoovering.
Per Ton.
d.
B.
Provided that in respect of the railway to which Scale !!•
is applicable, the power of the Company to charge for a
distance less than six miles shall have effect as if four miles
were substituted for six.
Scale III. — Applicable to the Cornwall Minerals Bailway Company and the
Princetown Railway Company,
U
^3
n
A.
B.
Haximum Batbs fob
cokybtaxcb.
For Conaigpmenta, except
otherwise provided in
the Schedule.
For the first
20Mile8
or any part of
Buch
Distance.
Per Ton per
MUe.
d.
200
2-25
For the
remainder of
the Distance.
Per Ton per
Mile.
d.
1-60
1-76
Station
Tenninal
at
each
End.
Per
Ton.
«. d.
3
6
Haxdium TsBiairALB.
Load-
ing.
Per
Ton.
8. d.
Service Tenninals.
Unload-
ing.
Per
Ton.
«. d.
Cover-
ing.
Per
Ton.
d.
Uncover-
ing.
Per
Ton.
d.
A.
B.
ARB0T8BUKT RAILWAY.
321
Scale IY. — Applicable io all the Bailwaya and Railway Companies not mentioned
in Scales L, 11, , and III,
B.
Mazwuk Batss fob Coxtbtaxcb.
For Cuxudgnments, except as otherwiee
jnoTided in fhe Schedule.
For tlie
first
20 Hike or
anrpart
of inch
Distance.
Pep Ton
per Mile.
d.
1-60
1-60
For the
next
aOHileeor
anrpart
of snch
Distance.
Per Ton
per Mile.
d.
0-90
1-20
For the
next
60 Miles or
any part
of such
Distance.
Per Ton
per Mile.
d.
0-40
0-80
For the
remainder
of the
Distance.
Per Ton
per Mile.
d.
0-36
0-50
Maximuk Tsbmibals.
Per
Ton.
«. d.
3
6
Senrice Terminals.
Per
Ton.
«. d.
Per
Ton.
«. d.
Per
Ton.
Per
Ton.
d.
B.
(b) Rates and Terminals in respect of Merchandise
comprised in Classes C, I, 2, 3, 4, and 6.
Scale I. — Applicable to the Cornwall Minerals Railway Company and the
Frincetown Railway Company,
C.
1.
2.
3.
4.
6.
Mazimuh Batbs fob
coxvbyancb.
For ConsignmentH, except
as otherwise provided
in the Sdiedole.
For the first
ao Miles
or any part
of saoh
Distance.
Per Ton
per Mile.
d.
25
50
76
10
76
80
2-
2-
2-
3-
3-
4-
Forthe
remainder
of the
Distance.
Per Ton
per Mile.
d.
1
2
2
2
3
•75
•00
35
80
35
3-90
Maximum Tbbmihalb.
Senrice Tenninals.
Station..
., - . .
Terminal
at eadi
End.
Loading.
Un-
loading.
CoTering.
Un-
coyexing.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
8. d.
s, d.
8. d.
d.
d.
1
3
8
1
1
1 6
6
6
1-60
1-60
1 6
8
8
2
2
1 6
1
1
2
2
1 6
1 4
1 4
3
3
1 6
1 8
1 8
4
4
0.
1.
2.
3.
4.
5.
222
PROVISIONAL ORDERS — SPECIAL PROVISIONS.
Abbotsbnrj Railway— Mw^tMiMf.
Scale II. — Applicable to all the Railways and Railway Companies not mentioned
in Scale L
C.
1.
2.
3.
4.
6.
ICAZnCUM RA.TB8 FOB CONYBTAHCB.
For ConaignmentB, except as otherwise provided
in the Schedule.
Fortfaeflrat
90 Miles
or any part
of such
Difltanoe.
Per Ton
per Mile.
d.
1-80
2-20
2-65
810
3-60
4*30
For the next
80 Miles
or any part
of such
Distance.
Per Ton
per Mile.
d,
1-50
1'86
2-30
2-65
315
3-70
For the next
60 Miles
or any part
of such
Distance.
Per Ton
per Mile.
d.
1-20
1*40
1-80
2-00
2-50
3-26
For the
remainder
of the
Distance.
Per Ton
per Mile.
d.
0-70
1
1
1
2
2
00
'60
80
20
50
Per
Ton.
8, d.
1
1 6
1 6
1
1
1
6
6
6
Maxhcux TaBxiBALS.
Seryioe Tenninals.
Un-
T7n-
Load-
load-
Cover-
oorer-
ing.
ing.
ing.
ing.
Per
Per
Per
Per
Ton.
Ton.
Ton.
Ton.
«. d.
«. d.
d.
d.
3
3
1
1
5
5
1-60
1-50
8
8
2
2
1
1
2
2
1 4
1 4
3
3
1 8
1 8
4
4
c.
1.
2.
3.
4.
6.
BKFiOON AND MERTHYB TTDFIL JUNCTION RAILWAY. 223
[55 & 66 Vict, cap. xl.]
BRECON AND MERTHYR TYDFIL
JUNCTION RAILWAY.
[Note. — The Provisioiial Order applicable to the Brecon and Short title.
Merthyr Tydfil Junction Bailway Company, and the other railways
next mentioned, may be cited as '* The Railway Bates and Charges,
No. 2 (Brecon and Merthyr Tydfil Junction Bailway, &c.) Order,
1892," and the Act confirming it as * * The Bailway Bates and Charges,
No. 2 (Brecon and Merthyr Tydfil Junction Bailway, &c.) Order
Confirmation Act, 1892."
Commencement of Order, Ist January, 1893, unless Board of Commenoe-
Trade otherwise direct.] "^«^*-
MAXIMUM BATES AND OHABGES
APPLICABLE TO THE
Brecon and Merthyr Tydfil Railway Company.
Garstang and Knott End Railway Company,
L^^nelly and Mynydd Mawr Railway Company.
Pontypridd, Caerphilly and Newport Railway
Company.
Ravenglass and Eskdale Railway Company.
West Lancashire Railway Company.
Wrexham, Mold and Connah's Quay Railway
Company.
Where the distance over which merchandise is
conveyed consists in part of a line or lines of the
company to which one scale, and in part to a line
or lines to which another, or more than one other,
scale of rates is applicable, the maximum charge
for each portion of the entire distance shall be
calculated at the maximum rate which, according
to the scale applicable to such portion, would be
chargeable for the entire distance.
234 PROVISIONAL ORDERS— SPECIAL PROVISIONS.
Nothing contained in this Order shall alter,
vary, or affect the tolls, rates, or charges which
the Pontypridd, Caerphilly and Newport Railway
Company are, at the commencement of this Order,
authorised to demand and take in respect of mer-
chandise traffic on any line of railway on Lord
Tredegar's Park Mile in occupation of the company.
In calculating the distance over which any
merchandise is conveyed, and for all purposes of
rates and charges, the following parts of the
Brecon and Merthyr Tydfil Junction are to be
calculated at the distances stated below, and any
part of such distances is to be calculated pro-
portionately.
Miles. Chains.
Between Pennarth and Torpantau . .17 60
Torpantau and Dolygaer . . 2 70
Panty waen and Deri Jimction 7 40
77
77
FABT I.— Goods and Minebals.
(a) Rates and Terminals in respect of Merchandise
comprised in Classfes A. and B.
Scale I. — Applicable to the following portions of the Brecon and
Merthyr Tydfil Junction Railway ^ viz., Rhymney to Bassaleg,
including branch to junction with the Rhymney Railway at or
near Bargoed and the Caerphilly and Machen Branch,
yjra^-rimrm Bato toT Conveyaxioe.
MaTimnm Stfttion Tenninal at eaeh End.
Per Ton per Mile.
1
Per Ton.
d.
•876
Clabb A.
CLAflSB.
d,
3
The Mazimam Charg^es set oat in
Scale IV.
BRECON AND MEBTHYR TTDFIL JUNCTION RAILWAY. 225
ScAls n. — Applicahle to the portwM of the Brecon and Merthyr
Tydfil Junction Bailway other than those to which Scale L
appliea, and to thePojUypridd, Caerphilly, and Newport Bailway.
MaTfTnntn Bate far ConTSjaxioe.
MaTimtim Station Tenninal at each End.
Per Ton per JAUe. | Per Ton.
GlabbA.
d.
Coal -876
All oilier Artides in ClasB A. the
MaTiTniiin Bates and Charges set
ont in Scale IV.
d.
3
3
ClabbB.
The KaTifnnin Bates and Charges set ont in Scale IV.
Provided that in respect of the railways to
which Scales I. and II. are applicable, and in
respect of the Llanelly and Mynydd Mawr Rail-
way, sect. 11 of this Order shall not apply to
merchandise comprised in Classes A. and B., but
instead thereof, the companies shall, with respect
to merchandise comprised in Classes A. and B.,
conveyed for a less distance than four miles,
have power to charge as for four miles and
no more, irrespective of the place of origin or
destination of the traffic.
Scale in. — Applicahle to tJie West Lancashire Bailway,
Maximum Bate far ODnTfyanioe.
Mudmnm Station Tenninal at each End.
Per Ton per Mile. | Per Ton.
GlabbA.
d. I d.
1-50 I 3
ClabbB.
1*60 I 6
D.
226
FROYISIOSAL OBBEBfi — SPECIAL PROVISIONS.
Brecon and MerUiyr Tydfil 'BaSlwa.j— continued.
(b) Rates and Terminals in respect of Merchandise
comprised in Classes A., B., C, 1, 2, 3, 4, 5.
Scale IV. — Applicahle save ae hereinbefore specially mentioned.
^1
if
Maxiuux Bates fob Cokybtaxcb.
A.
B.
0.
1.
2.
3.
4.
6.
For Coxuagnments except as otherwise provided
in the Schedule.
For the
first
20M11W,
or any part
of such
Dibtanoe.
For the
next
80 Miles,
or any part
of such
Distance.
Per Ton
per Mile.
d.
116
1-26
1-80
2-20
2 65
3-10
360
4-30
For the
next
60 Miles,
or any part
of siioh
Distance.
For the
remainder
of tiie
Distance.
Maxixum Tsbkinalb.
Per Ton
per Mile.
d.
0*90
1-00
1-60
1-85
2-30
2-66
315
8-70
Per Ton
per Mile.
d,
0-45
0*80
1-20
1-40
1-80
2-00
2-60
3-25
Per Ton
per Mile.
d,
0-40
0*50
0-70
100
1-50
1-80
2-20
2-60
station
Termi-
nal at
each
End.
Per
Ton.
t. d,
3
6
1
1 6
1 6
1 6
1 6
1 6
Service Terminals.
Load-
ing.
Per
Ton.
8, d.
3
5
8
1
1 4
1 8
Un-
load-
ing.
Per
Ton.
9, d.
3
5
8
1
1 4
1 8
CoTer-
ing.
Per
Ton.
d.
1-60
Un-
ooTer-
ing.
Per
Ton.
d.
1*50
3
A.
B.
O.
1.
2.
3
4.
6.
CAMBRIAN RAILWAY COMPANY. 227
[55 & 56 Yict. cap. xli.]
CAMBRIAN RAILWAY COMPANY.
[Note. — ^The Floviflioiial Order applicable to the Cambrian Bail- Short title,
way Company and the Companies next mentioned may be cited as '
" The Bailway Bates and Charges, No. 3 (Cambrian Bailway, &c.)
Order, 1892," and the Act confirming the same as " The Bailway
Bates and Charges, No. 3 (Cambrian Bailway, &c.) Order Confir-
mation Act, 1892."
Commencement of Order 1st January, 1893, unless Board of Commence-
Trade otherwise direct.] "oe^t.
MAXXMUM BATES AND CHABGE8
APPUOABLB TO THE
Cambrian Railway Company,
Bishop's Castle Railway Company,
Buckley Railway Company,
Exmouth Docks and Railway Company,
Mawddwy Railway Company,
Mid-Wales Railway Company,
South Wales Mineral Railway Company,
Van Railway Company,
and
West Somerset Mineral Railway Company.
In calculating the distance over which any mer- Allowances.
chandise is conveyed, and for all purposes of rates
and charges, the Barmouth viaduct on the Cam-
brian Railway is to be calculated as three miles,
and the distance between Camo and Llanbrynmair
on the same railway at eleven miles.
q2
228
PROVISIONAL ORDERS — SPEQAL PROVISIONS.
Cambrian Railway — continued.
FAET I.— Goods and Minerals.
11
I
A.
B.
0.
1.
2.
3.
4.
6.
Mazucum Ratss fob Goxtxtancb.
For Cnniiigninfflitg, except as otherwiae provided
in the Schedule.
For the
flnt
aOMUea,
oranypairt
of 8O0h
Diatanoe.
Per Ton
per Mile.
d.
1-60
1-60
1-80
2-25
2-76
310
3-76
4*30
For the
next
aOMOea,
or any part
of such
IMstaaoe.
Fbrthe
next
SOmilea,
or any part
of aiuh
Diatanoe.
Per Ton
Per Ton
per Mile.
d.
per Mile.
d.
0-95
0-76
1-10
0-85
1-60
1-20
1-90
1-66
2-36
205
2-80
2-50
3-35
315
3-90
3-80
For the
remainder
of the
Diatanoe.
Per Ton
per Mile.
d.
0-60
0-70
0-70
1-35
1-66
210
2-50
3-00
H&XIXUX TSBMZNAI4.
Station
Termi-
nal at
each
End.
Service Tenninala.
Load-
ing.
Per
Ton.
«. d,
3
6
1
1 6
1 6
1 6
1 6
1 6
Per
Ton.
«. d.
3
5
8
1
1 4
1 8
Un-
load-
ing.
Per
Ton.
t. d.
CJovop-
ing.
Per
Ton.
d.
3
5
8
1
1 4
1 8
1-50
Un-
cover-
ing.
Per
Ton.
d.
1-50
3
3
B.
0.
1.
2.
3.
4.
5.
Provided that in respect of the Buckley Railway, sect. 1 1
of this Order shall have effect so far as regards merchandise
comprised in Classes A. and B. of the classification as if
five miles were substituted for six.
CLBATOR AND WORKINGTON JUNCTION RAILWAY. 229
[65 & 56 Yict. cap. xlii.]
CLEATOR AND WORKINGTON JUNCTION
RAILWAY COMPANY.
[NoTB.— The Proyisional Order applicable to the Oleator and Short title.
Workington Junction Bailway Company and the other Companies
next mentioned may be cited as ** The Bailway Bates and Charges,
No. 4 (Cleator and Workington Junction Bailway, &c.) Order,
1892,*' and the Act confirming it as "The Bailway Bates and
Charges, No. 4 (Cleator and Workington Junction Bailway, &c.)
Order Confirmation Act.*'
Commencement of Order let January, 1893, unless Board of Commenoe-
Trade otherwise direct.] ™«"*-
MAXIMUM BATES AND CHABGES
APPUOABLE TO THE
Cleator and Workington Junction Railway
Company,
Cockermouth, Keswick and Penrith Railway
Company,
Corns Railway Company,
Maryport and Carlisle Railway Company,
Pembroke and Tenby Railway Company,
Rowrah and Kelton Fell Railway Company,
Severn and Wye and Severn Bridge Railway
Company,
and
Southwold Railway Company,
230
PROVISIONAL ORDERS — SPECIAL PROVISIONS.
PABT I.— Goods and Minerals.
Scale I. — ApplicahU to the Cleator and Workington Junction Railway Company^
the Maryport and Carlisle Railway Company^ the Pembroke and Tenhy
Railway Company ^ and the Rowrah and Kelton Fell Railway Company.
Mi
•Ore
Maximum Rates Foa
CONVETAKCB.
Maximum TsaMiirALS.
9 E
»
For Ckmfisgnments, except
:3^ a
as otherwiBe provided
^4
in the Schedule.
Station
Terminal
•g.g g
For the first
at each
•
StA-I^
20 Miles
For the
End.
Un-
Un-
s S S
or any part
of such
mTnA.m<1pr
TiOndiiuTi
loading.
Oovermg.
of the
1^
Distance.
Per Ton
Per Ton
per Mile.
Per MUe.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
PerTon.
d.
d.
8, d.
8. d.
f. d.
d.
d.
A.
1-26
1-00
3
—
.—
.— .
—
A.
B.
1-40
1-06
6
— .
—
—
—
B.
0.
1-80
1-50
1
3
3
1
1
0.
1.
2-20
1-85
1 6
6
5
1-60
1-50
1.
2.
2-65
2-30
1 6
8
8
2
2
2.
3.
3-10
2*65
1 6
1
1
2
2
3.
4.
3-60
3-15
1 6
1 4
1 4
3
3
4.
6.
4-30
8-70
1 6
1 8
1 8
4
4
5.
Scale II. — Applicable to the Cockermouth^ Keswick, and Penrith RailuHxy Company.
II
Maximum Rates Foa
COKYBTAXOS.
Maximum Tbbminals.
3 p »
*3 ® 1
For Conflignments, except
&^ 3
as otherwise provided
Service Terminals.
»56
in the Schedule.
Station
Tenninal
^•g^
"QM &
For the first
at each
"™
* 6'43
ao Miles
For the
End.
Un-
Un-
|s^
or any part
of fnich
of the
Loading.
loading.
Coveiing.
covering.
Distance.
Distance.
Per Ton
Per Ton
-
per Mile.
per Mile.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
* d.
d.
9. d.
«. d.
f. d.
d.
d.
A.
1-50
1-00
3
__
__
_
__
A.
B.
1-60
1-10
6
._
^^
__
_^
B.
0.
1-80
1-50
1
3
3
1
1
0.
1.
2-25
1-90
1 6
5
6
1-50
1-60
1.
2.
2-76
2-35
1 6
8
8
2
2
2.
3.
3-10
2*80
1 6
1
1
2
2
8.
4.
3-75
3-35
1 6
1 4
1 4
3
3
4.
6.
4-30
3-90
1 6
1 8
1 8
4
4
5.
CLEATOR AND WORKINGTON JUNCTION RAILWAY.
231
SoALB m. — Applicahle to the Corrii Baxlway Company,
A.
B.
O.
1.
2.
3.
4.
6.
Kaxikum Eatsb vob
coktbtaiicb.
For OoDsigiiinents except ai
otherwise proTided in ihe
Bchednle.
Per Ton per MQe.
d.
3-50
3-75
4-00
415
4-80
4-45
4-60
6-00
Hazixum Tbxminalb.
BtesoBQ
TenniDAl
•teadh
Rude
Per Ton.
8. d.
3
1
1
1
1
1
1
6
6
6
6
6
6
Serrioe Tenninal*.
Loading.
Per Ton.
«. d.
1
1
1
3
6
8
4
8
Unload-
ing.
Per Ton.
f. d.
1
1
1
3
5
8
4
8
Coreiw
ing.
Per Ton.
d.
1
1-60
2
2
3
4
UnooTCK^
ing.
Per Ton.
d.
—m
A.
._
B.
1
0.
1-50
1.
2
2.
2
3.
3
4.
4
5.
Scale IY. — Applicable to the Severn and Wye and Severn Bridge Railway
Company,
In calciilatiiig the distance oyer which any Merchandise is conyeyed, and for
all purposes of rates and charges, the Seyem Bridge is to be calculated as
3 miles, 1,196 yards.
(a) Bates and Terminals in respect of Merchandise comprised in Classes A. and B.
A.
B.
Maxxsdm Ratks vob Coxyitavos.
Par OonaignnientB except as otherwiae provided
in the Schfldnle.
For the
For the
For the
first
nert
next
Smiles,
lOMilM,
16 Miles,
or any part
or any part
or any part
of sach
of such
of sodi
Distance.
Distance.
Distance.
Per Ton
Per Ton
Per Ton
per Mile.
per Mile.
per Mile.
d.
d.
d.
1-76
100
0-90
i-90
100
0-90
For the
of the
Distance.
Per Ton
per Mile.
d.
0-76
0-76
Haximux Tibmivals.
station
Tenni-
nalat
each
End.
Per
Ton.
«. d,
3
6
Serrice Tenninals.
Load-
ing.
Per
Ton.
f. d.
Un-
load-
ing.
Cover-
ing.
Per
Ton.
8, d.
Per
Ton.
#. d.
Un-
cover-
ing.
Per
Ton.
d.
A.
B.
232
PROVISIONAL OBDBRS — SPECIAL PROVISIONS.
Cleator and Workington Junction Bailway— ^tm^tittMif.
Scale IV. — continued.
(b) Bates and Terminals in respect of Merchandise comprised in Glasses C,
1, 2, 3, 4, and 5.
0.
1.
2.
8.
4.
6.
Maximum Batbs fob
GoirvBTAircB.
For ConsignmeDts, except
aa otherwiM provided
in the Schedule.
Fortheflrat
aOMUee
or any part
of auoh
Distance.
Per Ton
per Mile.
1
2
2
3
3
4
95
20
65
10
60
30
For the
of the
Distaaoe.
Per Ton
per mile.
d.
1-60
1-85
2-30
2-65
315
8-70
Maximum Tskmihali .
Station
Tenninal
at each
End.
Per Ton.
8, d.
6
6
6
6
6
I
1
1
1
1
1
Service Teminala.
Un-
Un*
Loading.
loading.
CoToing.
loading.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
f. d.
f. d.
d.
d.
8
8
1
1
5
5
1-50
1-50
8
8
2
2
1
1
2
2
1 4
I 4
8
3
1 8
1 8
4
4
0.
1.
2.
3.
4.
5.
Scale Y. — Applicable to the Southwold Railway Company.
A.
B.
O.
1.
2.
3.
4.
5.
Maximum
Batba fob
costbtanob.
ForOonaign'-
ments, except
as otherwise
provided in the
Schedule.
Per Ton
per Mile.
d.
1-60
200
2-50
8*00
3-25
8-50
4-00
500
Station
Tenninal
at each
End.
Per Ton.
f. d,
8
1
1
1
1
1
I
6
6
6
6
6
6
Maximum Tbbmihals.
Loading.
Per Ton.
f. d.
1
1
1
3
5
8
4
8
Service Tenninali.
Un-
loading.
Per Ton.
f. d.
1
1
1
8
5
8
4
8
.Covering.
Per Ton.
d.
1
1*50
2
2
3
4
Un-
covering.
Per Ton.
d.
1
1*50
2
2
3
4
A.
B.
0.
1.
2.
8.
4.
5.
BAST LONDON RAILWAY. 233
[55 & 56 Vict. cap. zliii.]
EAST LONDON RAILWAY.
[NoTB.— The FroTifiional Order applicable to the East London ghort title.
Bailway Company, and the companies next mentioned, may be cited
as " The Railway Bates and Charges, No. 5 (East London BaLLway,
&c.) Order, 1892," and the Act confirming it as '* The Bailway Bates
and Charges, No. 5 (East London Bailway, &c.} Order Confirmation
Act, 1892."
Commencement of the Order, Ist January, 1893, nnless the Board Commenoe-
of Trade otherwise direct.] meat
MAXIMUM BATES AND CHABOES
APFLICIABLE TO THB
East London Railway Company,
Hounslow and Metropolitan Railway Company,
Metropolitan District Railway Company,
North and South Western Junction Railway
Company,
West London Railway Company,
West London Extension Railway Company,
And the following railway company appearing in the Appendix to the
Schedule of the foregoing companies ^ viz, : —
The Metropolitan Railway Company, and the
Metropolitan District Railway Company, or
either of these companies, as the case may
be, in respect of the City Lines and Exten-
Bions Railways.
In calculating the distance over which any East London
merchandise comprised in Classes A. and B. is
conveyed, the East London Railway is to be
234 FBOVISIONAL ORDEBS — SPECIAL PROVISIONS.
calculated as seven miles ; and in calculating the
distance over which any other merchandise is
conveyed, and for purposes of rates and charges
relating thereto, the East London Railway is to
be calculated as eight miles.
Mjrt.^iBt. With respect to the following portions of the
Metropolitan District Railway : —
City Lines and Extensions : —
(a) From junction with the Metropolitan
Railway at Aldgate to junction with the
Metropolitan District Railway at Mansion
House Station :
(b) From Minories Junction with the above
to the Whitechapel Junction with the
East London Railway, and from junc-
tion near St. Mary's Station to Metro-
politan District Railway Company's
Whitechapel Mile End Station :
Inner Circle main line from junction with the
City lines and extensions at the Mansion
House Station to end of railway at High
Street Kensington Station including junction
with the Metropolitan Railway at the latter
station :
Hammersmith Junction from Hammersmith
Station to junction with the London and
South- Western Railway at Studland Road
near Ravenscourt Park Station :
The Metropolitan District Railway Company shall
with respect to all merchandise conveyed thereon
BAflT LONDON RAILWAY. 235
for any distance greater than two miles have power
to charge for every mile or fraction of a mile as
for three miles, and with respect to merchandise
conveyed for any distance not exceeding two miles
the company shall have power to charge as for six
miles, irrespective in either case of the place of
origin or destination of the traffic.
With regard to the following portions of the
Metropolitan District Railway : —
Junction lines between —
"A" Box Junction near High Street Kensing-
ton to junction with West London Extension
Railway near Addison Road Station :
^^ B" Box Junction near Gloucester Road Station
to junction virith Fulham Extension Railway
at West Brompton Station :
Hammersmith Extension Railway from junction
near EarPs Court Station to Hammersmith
Station :
Fulham Extension from West Brompton Station
to junction with the London and South-
western Railway near Putney Bridge
Station.
The Metropolitan District Railway Company
shall with respect to all merchandise conveyed
thereon for any distance greater than three miles
have power to charge for every mile or fraction
of a mile as for two miles, and with respect to
merchandise conveyed for any distance not ex-
236
PROVISIONAL ORDERS — SPECIAL PROVISIONS.
Seot. 11 not
to apply.
ceeding three miles the Metropolitan District
Railway Company shall have power to charge as
for six miles, irrespective in either case of the
place of origin or destination of the traffic.
Provided always, that sect. 1 1 of this Schedule
shall not apply to the above-mentioned railways
of the Metropolitan District Railway Company.
PART I.— Gk)ODS AND Minerals.
(a) Rates and Terminals in respect of Merchandise
comprised in Classes A., B., C, and L
Scale I. — Applicable except as otherwUe herein provided*
^
||
A.
B.
0.
1
Maxzicuik Ratbs
TOB
CONTBTAKOI.
For OoDsigimieiits,
exoeptM
otherwise provided
inl£e
Schedule.
Per Ton per
MUe.
d.
1-90
2-00
2-20
2*50
Maxzhum Tzbmzvals.
Station
Terminal
Serrioe Terminals.
—
at each
End.
Loading.
Unloading.
Covering.
Uncovering.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
3
f. d.
8. d.
d.
d.
A.
6
—
—
—
—
B.
1
3
3
1
1
C.
1 6
5
5
1-60
1-60
1
BAST LONDON KAILWAT.
237
Sgaus IL — AppliealU io the Hauntlow and Metropolitan Bailway Company,
^1,
St
A.
B.
C.
1
UixzMinf Bath
FOE
OorrxTAVCi.
gor Oonrignmenta,
except M
rwlee jno^ided
in the
Bcfaednle.
Per Ton per
Mile.
d.
1-60
1-60
1-80
2*25
Xazisdm Tbuovals.
station
Tominal
ttt eaoh
Per Ton.
f. d,
3
6
1
1 6
Senioe Tauinali.
Loading.
Per Ton.
«. d.
8
5
Unloading.
Per Ton.
f. d.
8
6
Ooming.
Per Ton.
1
1-60
XTiiooTeciiig.
Per Ton.
d.
1
1-60
A.
B.
0.
1
(b) Rates and Terminals in respect of Merchandise
comprised in Classes 2, 3, 4, and 5.
I
2
3
4
6
MAZiinni Batm
VOB
CoxTBTAiioa.
For
except u
otherwise proTided
in the
Bchedole.
Per Ton per
Mile.
d,
2-76
8*10
3-75
4*30
Uazdiuii TimvALi.
Station
Berrice Terminali.
at each
End.
Loading.
Unloading.
CoTcring.
UttoOTdiog.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
a. d.
1 6
a, d.
8
f. d.
8
d.
2
d.
2
1 6
1
1
2
2
1 6
1 4
•
1 4
3
3
1 6
1 8
1 8
4
4
2
3
4
6
238 FROVISIOKAL OBDEES— SPECIAL FR0TI8I0NS.
[55 & 56 Vict. cap. xliv.]
FESTINIOa RAILWAY COMPANY.
Short title. [NoTE.— The ProTisonal Order applicable to the Festiniog Bail-
way Company and the other Oompanies next mentioned may be cited
as *\The Bailway Bates and Charges, No. 6 (Festiniog Bailway, &c.)
Order, 1892," and the Act confirming it as " The Bailway Bates and
Charges, No. 6 (Festiniog Bailway, &o.) Order Confirmation Act,
1892."
CJommonoe- Commencement of this Order, 1st January, 1893, unless Board
ment. of Trade otherwise direct.]
MAXBIUM BATES AND CHABGES
APPLICABLE TO THE
Festiniog Railway Company,
Gorsedda Junction and Portmadoc Railway
Company,
North Wales Narrow Gauge Railway Company,
and the
Portmadoc, Croesor and Beddgelert Tram-
Railway Company.
Special Provisions as to the North Wales Narrotv
Gauffe Railway.
North Wales Notwithstanding anything in this Order the
Gauge following provisions with respect to merchandise
^*^* passing over the North Wales Narrow Gauge
Railway, or any portion of such railway, shall
apply and have effect : —
Tracks. ^^^ jj^ rospoct of trucks provided by the com-
FB8T1NI0O RAILWAY. 239
pany for the conveyance of merchandise
specified in Class A., to and from slate
quarries, the company shall be entitled to
demand and receive a charge of one half-
penny per ton per mile ;
(b) In respect of all merchandise conveyed in Bryngwyn
trucks provided by the company on the ^'*°°^» *°*
Bryngwyn Branch of the said railway, to
and from the slate quarries, a distance of
5^ miles, the company shall be entitled to
charge as for 6^ miles, and such charge
shall cover the use by the quarry owners
of the company's trucks from the Drum-
head over the quaiTy owners' sidings and
inclines, into and out of the quarries, and
all services rendered by the company at
or in connection with the Drumhead and
incline ;
(c) In respect of all merchandise conveyed in oianrafon
owners' waggons on the main line of the "^^ ^^'
said railway, to and from the Glanrafon
siding from and to Dinas, a distance of Si-
miles, the company shall be entitled to
charge as and for 9^ miles, but such charge
shall cover the use of any siding belonging
to the company at that point, and any
charges for taking merchandise on, to, or
off such siding ;
(d) Where quarry owners provide their own Traders'
trucks for the conveyance of merchandise
other than merchandise specified in Class A.
240 PROVISIONAL ORDERS— SPECIAL PROVISIONS.
of the classification^ the rate authorised for
conveyance shall be reduced as follows : —
Between Bryngwyn Branch, Drumhead
and Dinas . • . Threepence per ton
Between Glanraf on Siding and Dinas . • •
Fourpence per ton
S^^M*' (®) ^^ charge shall be made by the company
to the owners of quarries situated on the
branches referred to in the above clauses
(b) and (c), for the delivery of trucks into
and upon a siding belonging to, or not
belonging to the company, or over a junc-
tion between the railway and such siding, or
for the haulage of trucks to, from, or off such
siding to the railway of the company ;
Acoommoda- (f ) In the cvcut of arrangements beinff made
unloading. by any quarry owner or quarry owners by
which merchandise specified in Classes A.
and B. can be conveyed from or to Carn-
arvon without the necessity of unloading
and re-loading at Dinas, then any necessary
structural accommodation that may be re-
quired by the quarry owner or owners for
that purpose shall be provided by the rail-
way company at the cost of the quarry
owner or owners requiring the same,
and the amount to be paid to the rail-
way company in respect of any service
they may be required by the quarry owner
or owners to render in connexion with -the
working of such arrangements shall be
fixed by an agreement in writing between
FE8T1KI0O B\ILWAY.
241
the Company and the quarry owner or owners or
some person duly authorised on his or their behalf
or determined in case of difference by an arbitrator
to be appointed by the Board of Trade.
nii
8
III
A.
B.
0.
1.
2.
3.
4.
5.
MAXIMUM BATES AND OHABGES.
PABT I. — Gk)0D8 AKD MnrEBAUB.
Maximum
Batss roR
CONVSTAIfCS.
For Coiudgxt-
ments, except
aaotherwiae
proyided in the
Schedule.
Per Ton
per Mile.
d.
1-76
200
2-26
2-40
2-75
310
3*10
310
Station
Tenninal
at each
Bnd.
Per Ton.
«. d.
3
6
1
1 6
1 6
1 6
1 6
1 6
Maximum Tsemiicali.
Loading.
Per Ton.
s, d.
3
6
8
1
1 4
1 8
Service Tenninab.
Un-
loading.
Per Ton.
#. d.
3
6
8
1
1 4
1 8
Oorering.
Per Ton.
d.
1*50
2
2
8
4
Un-
covering.
Per Ton.
d.
1-60
2
2
8
4
B.
0.
1.
2.
8.
4.
6.
D.
242 PROVISIONAL ORDERS— SPECIAL PRO^aSIONS.
[55 & 56 Vict. cap. xlv.]
FURNESS RAILWAY COMPANY.
Short title. [Note. — ^The Provisional Order applicable to the Fumess Bailway
Company may be cited.as ** The Bailway Hates and Charges, No. 7
(Fumess Railway, &c.) Order, 1892, and the Act confirming it as
'* The Bailway Bates and Charges, No. 7 (Fumess Bailway, &c.)
Order Confirmation Act, 1892."
Gommenoe- Commencement of the Order Ist January, 1893, unless Board of
ment. Trade otherwise direct.]
MAXIMUM BATES AND CHABGES.
ProvisionB as Notwithstanding anything in this Order, in cal-
to merchan- i.* it i» a i«i i i*
diae in ciaflses culatmg the distance over which any merchandise
• ^^ destined for or coining from the docks and shipping
places at Whitehaven, viS, the Preston Street Sta-
tion is conveyed upon the railway, and for all
purposes of rates and charges the railway between
Mirehouse Junction and the docks and shipping
places at Whitehaven, vik the Preston Street Sta-
tion, and any part of such railway, shall be calcu-
lated as four miles, and the railway between
Mirehouse Junction and the Bransty Station at
Whitehaven, including the Lonsdale Works, shall
in calculating the distance for the purposes of
rates and charges in respect of merchandise traffic
in Classes A. and B. conveyed to or from the joint
railways from or to Bransty Station at White-
haven, including the Lonsdale Works, be calcu-
lated as two and a half miles.
Notwithstanding anything in this Order, the
following provisions with respect to merchandise
comprised in Classes A. and B. conveyed upon the
FURNE8S RAILWAY. 243
London and North- Western and Furness Railway
Companies' Joint Railways, hereinafter called the
joint railways, or any portion of such railways,
shall apply and have effect : —
(a) In respect of merchandise traffic comprised
in Classes A. and B. of the classification
arising upon the joint railways destined
for places beyond such railways (except
Whitehaven and the Lonsdale Works), and
passing over the joint railways for any
distance not exceeding four miles, the
company may charge for conveyance any
sum not exceeding 5d. per ton exclusive
of waggons, or 6c?. per ton inclusive of
waggons, and when such merchandise
traffic passes over the joint railways for
any distance exceeding four miles, then
the company may charge for conveyance
any sura not exceeding V25d. per ton per
mile exclusive of waggons, or V50d. per
ton per mile inclusive of waggons, and
any fraction of half a mile beyond four
miles may be charged for as for half a
mile.
(b) In respect of merchandise traffic comprised
in Classes A. and B. arising upon the joint
railways destined for Whitehaven or the
Lonsdale Works and passing over the
joint railways for any distance not ex*
ceeding three miles the company may
charge for conveyance any sum not ex-
ceeding 5'25d. per ton exclusive of W8tg-
r2
244 PROVISIONAL ORDERS— SPECIAL PROVISIONS.
gons, or 6d. per ton inclusive of vraggons,
and vrhen such merchandise traffic passes
over the joint railways for any distance
exceeding three miles then the company
may charge for conveyance any sum not
exceeding l*76rf. per ton per mile exclu-
sive of waggons, or 2d. per ton per mile
inclusive of waggons, and any fraction of
half a mile beyond three miles may be
charged for as for half a mile.
(c) In respect of merchandise traffic comprised
in Classes A. andB. arising and terminating
upon the joint railways the company may
charge for conveyance any sum not ex-
ceeding 1 '75d. per ton per mile exclusive
of waggons, or 2d. per ton per mile inclu-
sive of waggons, and if conveyed a less
distance than four miles the company shall
be entitled to demand and receive rates
and charges as for four miles, and any
fraction of half a mile beyond four miles
may be charged for as for half a mUe.
(d) In addition to the charges for conveyance
by this section authorised, the company
shall be entitled to charge and receive in
respect of merchandise traffic comprised
in Classes A. and B. conveyed on the joint
railways, the terminals and other charges
by this Order authorised in respect of the
merchandise traffic comprised in Class A.
(e) The provisions of sect. 11 of this Order
shall not be applicable to the joint rail-
ways in respect of the merchandise traffic
FURNES8 RAILWAY.
245
to which this section applies, provided
always that where such traffic is con-
veyed by the company partly on the
joint railways and partly on any other
railway, the joint railways and such
other railways shall, for the purposes of
reckoning any short distance on such
other railways, be considered as one
railway.
(f ) No charge shall be made by the company
for the mere delivery of trucks into and
upon a siding not belonging to the com-
pany over the junction between the rail-
way and such siding, or for the haulage
of trucks from and off such siding over
the junction on to the railway of the
company.
PABT I.— Goods and Mnns&AUB.
A.
B.
0.
1.
2.
3.
4.
6.
Mazimdii Katbs fob CoHTBTAirCB.
For CoiMigiiments, except as otherwiM
provided in the Schedule.
For the flrtt
For the next
10 miles
ao Miles
or any part
or any part
of such
of SQCh
Distance.
Distance.
Per Ton
Per Ton
per Mile.
per Mile.
d.
d.
1-76
116
1-90
1-26
2-10
1-60
2-20
1-86
2-66
2-30
3-10
2-65
3-60
316
4-30
3-70
For the
remainder
of the
Distance.
Per Ton
per Mile.
rf.
0-60
0-76
100
1-40
1-70
1-76
2-20
3*26
Hazimuk TBBVnrALS.
Station
Teiminal
at each
End.
Per
Ton.
ff. d.
3
1
6
1 6
1 6
1 6
1 6
1 6
Serrice TertninalB.
Per
Ton.
ff. d.
1
1
3
6
8
4
1 8
Per
Ton.
ff. d.
I
1
1
3
6
8
4
8
Per
Ton.
d.
1
1-50
2
2
I
Per
Ton.
d.
1
1*60
2
2
3
4
A.
B.
0.
1.
2.
8.
4.
6.
246 PROVISIONAL ORDERS — SPECIAL PROVISIONS.
[54 & 55 Yiot. cap. ooxiy.]
GREAT EASTERN RAILWAY.
Short title. [NoTB. — ^The Provisional Order applicable to the Gh:eat Eastern
Bailway Company may be cited as " The Groat Eastern Bail way
Company (Rates and Charges) Order, 1891," and the Act confirm-
ing it as *'The Great Eastern Bailway Company (Bates and Charges)
Order Confirmation Act, 1891."
Commence- Commencement of Order, 1st August, 1892, or such later date as
ment. ^q Board of Trade direct. Now postponed to 1st January, 1893.]
Companies to which the Great Eastern Rates apply ^
being the Appendix to the Great Eastern Schedule,
The Northern and Eastern Railway Company,
in respect of the Northern and Eastern Railway.
The Colchester, Stour Valley, Sudbury, and
Halstead Railway Company, in respect of the
Colchester, Stour Valley, Sudbury, and Halstead
Railway.
The Thetford and Watton Railway Company,
in respect of the Thetford and Watton Railway.
Tlie Watton and Swaffham Railway Company,
in respect of the Watton and Swaffham Railway.
The Ely and St. Ives Railway Company, in
respect of the Ely and St. Ives Railway.
The Ely and Newmarket Railway Company,
in respect of the Ely and Newmarket Railway.
GREAT EASTERN RAILWAY. 247
The London and Blackwall Railway Company,
in respect of the London and Blackwall Railway,
and the London, Blackwall, and Millwall Exten-
sion Railway,
The Millwall Dock Company, in respect of
the London, Blackwall, and Millwall Extension
Railway.
The East and West India Dock Company, in
respect of the London, Blackwall, and Millwall
Extension Railway.
The Downham and Stoke Ferry Railway Com-
pany, in respect of the Downham and Stoke
Ferry Railway.
The Gaslight and Coke Company, in respect
of the Beckton Branch Railway.
The Great Northern and Great Eastern Joint
Committee, in respect of the Great Northern and
Great Eastern Joint Railway.
248
PK0VI8I0NAL ORDERS — SPECIAL PROVISIONS.
Great Eastern Bailway — continued.
MAXIMUM BATES AND CHARGES.
PAET I. —Goods and Mineeals.
Rates and Terminals in respect of Merchandise comprised
in Classes A., B., C, 1, 2, 3, 4, and 5.
I
a
o
•43
A.
B.
C.
1.
2.
3.
4.
5.
Mazdcum Rates fob CkisvBYAScB.
For Consignments, except as otherwise
proYided in the Schednle.
For the
first
20MaeB,
For the
next
80 Miles,
For the
next
60 Miles,
or any
I>artof
such
Distanoe.
or any
part of
such
Distance.
or any
part of
such
Distance.
Per Ton
per Mile.
Per Ton
perMfle.
Per Ton
per Mile.
d.
d.
d.
115
0-90
0-46
1-40
1-06
0-80
1-80
1-60
1-20
2-20
1-86
1-40
2-65
2-30
1-80
3-10
2-66
2 00
3-60
3-16
2-60
4-30
8-70
3-25
For the
remainder
of the
Distance.
Per Ton
per Mile.
d.
0-40
0-55
0-70
1-00
1-50
1-80
2-20
2-50
Maximum Tbrmikals.
Station
Termi-
nal at
each
End.
Per
Ton.
i. d.
3
6
1
1 6
1 6
1 6
1 6
1 6
Service Tenninals.
Per
Ton.
«. d.
3
5
8
1
1 4
1 8
-a
Per
Ton.
$. d.
3
5
8
1
1 4
1 8
^
6
Per
Ton.
d.
1*60
3
8
i5
Per
Ton.
1-60
2
A.
B.
0.
1.
2.
3.
4.
6.
OBSAT KOBTHXRN RAILWAY. 249
[54 & 65 Yict cap. ocxy.]
GREAT NORTHERN RAILWAY COMPANY.
[Note. — The ProTisional Order applicable to the Great Northern Short title.
Bailway Company may be cited as **The Great Northern Bailway
Company (Bates and Charges) Order, 1891," and the Act confirming
it as " The Great Northern Bailway Company (Bates and Charges)
Order Confirmation Act, 1891."
Commencement of Order, Ist August, 1892, or such later date as Commenoe-
the Board of Trade direct. Now postponed to 1st January, 1893.] ■"«**•
Companies to which the Great Northern rates apply ^
being the Appendix to the Great Northern Schedule.
The Nottingham and Grantham Railway and
Canal Company in respect of the Nottingham and
Grantham Railway.
The East Lincolnshire Railway Company in
respect of the East Lincolnshire Railway.
The Muswell Hill and Palace Railway Com-
pany in respect of the Muswell Hill and Palace
Railway.
The Stamford and Essendine Railway Com-
pany in respect of the Stamford and Essendine
Railway.
The Homcastle Railway Company in respect
of the Homcastle Railway.
The Spilsby and Firsby Railway Company in
respect of the Spilsby and Firsby Railway.
The Wainfleet and Firsby Railway Company
in respect of the Wainfleet and Firsby Railway.
250 PKOVISIONAL ORDERS — SPECIAL PROVISIONS.
The Wainfleet and Skegness Railway Com-
pany in respect of the Wainfleet and Skegness
Railway.
The Sutton and WiUoughby Railway Com-
pany in respect of the Sutton and WiUoughby
Railway,
The Louth and East Coast Railway Company
in respect of the Louth and East Coast Railway.
The Nottingham Suburban Railway Company
in respect of the Nottingham Suburban Railway,
The Halifax High Level and North and South
Junction Railway Company in respect of the
Halifax High Level and North and South Junc-
tion Railway.
The Great Northern Railway Company, the
Lancashire and Yorkshire Railway Company, and
the North Eastern Railway Company, in respect
of the Lof thouse and Methley Joint Line.
The Great Northern Railway Company and
the Lancashire and Yorkshire Railway Company
in respect of the joint railways from Halifax to
Holmfield, and from Holbeck to Leeds.
The Great Northern Railway Company and
the London and North Western Railway Com-
pany in respect of the Nottinghamshire and
Leicestershire Joint Lines.
OKBAT KORTHEBK BAILWAT.
251
MAXOfUM BATES AND CHABQES.
Where the distance over which merchandise is conveyed
consists in part of a line or lines of the company to which
one scale, and in part of a line or lines to which another
or more than one other scale of rates is applicable, the
maximum charge for each portion of the entire distance
shall be calculated at the maximum rate which, according
to the scale applicable to such portion, would be chargeable
for the entire distance.
PABT I.-— Goods aitb MnnsaALS.
(a) Rates and Terminals in respect of Merchandise com-
prised in Classes A. and B.
Scale I. — Applicahh to »uch portions of the Bailway as are not hereinafter
specially mentioned.
B.
MAXimm Bate fob ComrBTAKCi.
For Conagiuncnts, except u otherwise prorided
in the Schedule*
FortheflrBt
90Mileft,ar
any part
of rach
Dietanoe.
Per Ton
per Mile.
d.
0-96
1*26
For the next
80Hilee,or
anrport
of rach
Distance.
Per Ton
per Mile.
d.
0-85
1-0
For the next
60 Miles, or
anrport
of such
Distance.
Per Ton
per Mile.
d.
0*60
0-80
For the
renminder
of the
Distanos.
Per Ton
per Mile.
d,
0-40
0-60
Hazimuii Tbimivals.
station
Termi-
nal at
each
End.
Per
Ton.
ff. d,
8
6
Service Terminals.
Per
Ton.
d.
Per
Ton.
d.
Per
Ton.
I
Per
Ton.
252
PBOYISIOVAL OBDEBS — SPECIAL PROVI8ION&
Scale U.'^ApplieabU to the Bailways herein gpecioRy mentumed.
NoimOHAJfBHIBX, LSICBBXEBSBIBE, AXB BeBBT-
suisB LniEB: —
Kotdnfrbam and GiBiitliani Branch
Woolsthorpe Branch and Extension
Nottingham Snbnrban Railway
Waltham Branch and Extemdona
Golwich to Derby
Derby to Dove Junction (near Barton)
Pinxton Branch, with short lines therdErom . .
Leen Valley Branch
Stanton Branch and Extensions
Heanor Branch
SlAPFOBD AND UtTOXXTEE BaILWAT
ToBKBHiBB Lnrss : —
Wakefield to Wortley Junction •
Wrenthorpe to Batley
Holbeck to Bradford and Bowling Junction . .
St. Dunstan's Junction at Bradford
Bradford to Thornton
Thornton to Keighley
Qneensbury to Holmifield
Bradford to Ardsley viH Gildosome
Drighlington to Batley
Ossett to Dewsbury
Dewsbury to Bad^, and Dewsbury to Thorn-
hill
Bradford, Idle, and Shipley Branch
Beeston to Batley
Dudley Hill to Low Moor ,.,
Halifax High Level, and North and South
Junction Kailway
'Halifax to Holmfield and Holbeck to Leeds
Joint Railways
LODTH ABD BaBDBXT RaILWAT
Bate for
CuOTey-
PerTon
per Mile.
1-60
ateadli
Bate for
Con'Tej-
8
Per Ton
per Mile.
d.
1-70
Station
Terminal
at eacb
d.
6
Provided that, in respect of the railways to which
Scale 2 is applicable, the power of the company to charge
for a distance less than six miles shall have effect aa if four
miles were substituted for six.
This proriso does not seem to affect the power of the company to charge aa
for four and a half miles when the carriage is from station to private siding, or
vice versa.
GREAT N0RTHE&:4 RAILWAY.
253
It is not quite easy to see whether this short distance clause
applies to aU classes of traffic, or only to classes A. and B. The
fact of the proviso occurring immediately after the rates applicable
to classes A. and B., and forming a part of the Act headed ''in
respect of merchandise comprised in classes A. and B./' would seem
to point to the more restricted construction. On the other hand,
the proviso is in terms general, and it might well be considered
that the Legislature, in giving the railway company the larger rate
for classes A. and B., had thought that some concession ought to
be made to the public in return. And this view is strengthened by
the fact that in the London & North Western Bailway Company's
provisional order there occur two provisoes of a similar nature, the
one (p. 272) relating to the Whitehaven Junction Bailway, specifi-
cally limited to classes A. and B., and the other (p. 274), though
occurring in a heading applicable to class A., specifically limited
to class A.
(b) Rates and Terminals in respect of Merchandise
comprised in Classes C. 1,2, 3, 4, and 5.
u
£«
til
i'C o
8 s a
E 5 V
:8a
Maximum Batbb fok Coxvbtaivcb.
Far CoiuigiimentB, exorot mb otherwise
provided in the Schedule.
c.
1
2
3
4
6
For the
first
SOHileeor
anrpart
of such
Distance.
Per Ton
per Mile.
d.
1-80
2-20
2 65
310
3-60
4-30
For the
next
80 Miles or
axirpart
or such
Distance.
Per Ton
per Mile.
d,
1-60
1-85
230
2-65
3- 15
3-70
For the
next
60 Miles or
any part
of such
Distance.
Per Ton
per Mile.
d.
1-20
1-40
1-80
200
2-50
3-25
For the
remainder
of the
Distance.
Per Ton
per Mile.
d,
0-70
1-00
1-60
1-80
2-20
2*50
Per
Ton.
i. d,
1
1 6
1 6
1 6
1 6
1 6
Maximum Tsrmikau.
Service Tenninala.
Per
Ton.
i. d.
3
5
8
1
1 4
1 8
Per
Ton.
<. d,
3
5
8
1
1 4
1 8
Per
Ton.
d.
1-50
2
3
Per
Ton.
d.
1-50
2
2
3
4
0.
1
2
3
4
6
254
PROVISIONAL ORDERS — SPECIAL PROVISIONS.
Short title.
Gommenoe-
znent.
Severn
Tunnel.
Different
scales.
Lime, iron,
and steel.
[54 & 55 Yict. cap. cczxii.]
GREAT WESTERN RAILWAY.
[Note. — The Provisional Order applicable to the Great Western
Bailway Company may be cited as ** The Great Western Bailway
Company (Bates and Charges) Order, 1891," and the Act confirming
it as *' The Great Western Railway Company (Bates and Charges)
Order Confirmation Act, 1891."
Commencement of Order 1st August, 1892, or such later date as
Board of Trade direct. Now postponed to 1st January, 1893.
The Great Western schedule of rates applies to no other railway
company.]
MAXIMUM BATES AND CHARGES.
In calculating the distance over which any
merchandise is conveyed, and for all purposes of
rates and charges, the Severn Tunnel is to be
calculated as twelve miles.
Where the distance over which merchandise is
conveyed consists in part of a line or lines of the
company to which one scale, and in part of a line
or lines to which another or more than one other
scale of rates is applicable, the maximum charge
for each portion of the entire distance shall be
calculated at the maximum rate which, according
to the scale applicable to such portion, would be
chargeable for the entire distance.
The maximum rates for conveyance for lime
and for iron and steel articles in classes B. and
C. of the classification shall not exceed, upon the
portions of the railway respectively governed by
the Great Western Railway Act, 1847 (10 & 11
Vict. c. ccxxvi.), the Oxford, Worcester, & Wol-
verhampton Railway Acts, 1845 (8 & 9 Vict.
GREAT WESTEBN RAILWAY.
266
c. clxxxiv.) and 1846 (9 & 10 Vict. c. cclxxviii.),
the rates by those Acts respectively authorised.
The conveyance rates auihoTifled by the Qreat Western Bailway
Act, 1847 (10 & 11 Vict. c. oczzyi.), for lime, iron, and steel, are as
follows : —
DiBCBXmON.
Pig iron, bar iron, rod iron, sheet iron, hoop
iron, plates of iron, slabs, billets, and rolled
iron and lime
Wrought iron, not otherwise specifically classed,
and heary iron castings, including railway
chairs
Metals (except iron), nails, anvils, vices, and
chains
If oonvcytd
for A
dutanoe
exceeding
60 Miles.
Per Ton
per Mile.
d.
2
If ooDTeyed
for a
diftaaoenot
exceeding
SOMQee.
Per Ton
per Mile.
d.
1*
2*
This Act refers to the following railways of the Qreat Western
Bailway Company : — London to Bristol, and branch to Henley ;
Didcot to Priestfield yii Leamington ; Swindon to Gloucester and
Cheltenham, and branches to Cirencester and Tetbury.
The rates for conyeyance authorised by the Oxford, Worcester,
and Wolverhampton Bailway Acts, 1845 and 1&46, for the conyey-
ance of lime, iron, and steel, are as follows : —
Dbsouptiov.
Pig iroo. bar iron, rod iron, sheet iron, hoop
iron, plates of iron, slabs, billets, and rolled
iron and lime ,
Heavy iron castingfs, including railway chairs . .
Metals (except iron), nails, anvils, vices, and
chains and light iron castings
If conveyed
for not
leas than
60 Miles.
Per Ton
per Mile.
d.
If oonveved
forleis tnaa
60
Per Ton
per Mile.
d.
U
d,
2
8
266 PROVISIONAL ORDERS — SPECIAL PROVISIONS.
The railways governed by these Acts are : — ^Wolvercote JiinctioiL
to Biishbury yik Worcester and branches to Chipping Norton,
Stratford-on-Avon, Stoke Works, Kingswinford, Halesowen, and
from Kidderminster to Bewdley.
Monmouth. Nothing contained in this Order shall alter,
shiro r&ilw&vB
and Tredegar varj, OP affect the toUs, rates, or charges which
Park Mile. . ■■ , . i_ . j» ^i •
the company are, at the commencement oi this
Order, authorised to demand and take in respect
of merchandise traffic on the Monmouthshire rail-
ways of the company amalgamated with the
undertaking of the company by the Great Western
and Monmouthshire Railway Companies Amalga-
mation Act, 1880, or in respect of merchandise
traffic on any line of railway on Lord Tredegar^s
Park Mile in the occupation of the company.
Saving. Nothing contained in this Act shall repeal,
affect, or prejudice the enactments contained in
the provisoes to sect. 22 of the Great Western
Railway (Various Powers) Act, 1867, or the pro-
visions with regard to tolls and charges contained
in sect. 30 of the Great Western Railway Act,
1872, or sect. 47 of the Great Western Railway
Act, 1873.
The proviso to sect. 22 of the Great Western Bailway Company's
Various Powers Act of 1867 (30 & 31 Vict. cap. cl.) is as foUows : —
Provided always that the maximum charge for the conveyance
(exclusive of waggons) of coal and coke from any part of the said
railways, including Dowlais to Cardiff or other stations in South
Wales on the railways of the company or of the Bhymney Company,
may be, but shall not exceed, as regards coal seven-eighths of a penny
per ton per mile, and as regards coke one penny per ton per nule.
Provided also that for articles and persons conveyed on the railwa3nB
Nos. 1, 2, and 3 for a less distance than four miles tolls, rates, and
charges may be demanded as for four miles.
Bailway No. 1 commences with a junction with the Tail Vale
extension of the Newport, Abergavenny, and Hereford Bailway
GREAT WESTERN RAILWAY. 267
near the mile post denotmg 35^ miles from Swansea, and terminates
with a junction with the Colley line of the Dowlais Iron Company.
Bailway No. 2 (5 miles 1 furlong) from termination of railway
No. 1 to siding of the Dowlais Iron Company.
Bailway No. 3 (5 furlongs) from a junction with railway No. 2,
about 500 yards from the termination thereof to Cwm Canol Street,
Dowlais.
The Great Western Bailway Acts of 1872 and 1873 authorise the
construction of certain railways, and sects. 30 and 47 of those Acts
lespectiYely provide for the charging of the same tolls as contained
in the Company's Act of 1867.
The railways are —
Act of 1872 :
No. 1. — ^A railway in Merthyr Tydfil, Dowlais Ironworks
to Ffoes-y-fran Ironstone Mine Pit.
No. 2. — ^From railway No. 1 to the old works railway of
the Dowlais Iron Co.
No. 3. — From railway No. 2 to private railway of the
Plymouth Iron Co.
No. 4. — A deviation railway from railway No. 2 of the
Act of 1867 to railway No. 2 authorized by this Act of
1872.
Act of 1873.
No. 1. — ^A railway or siding 3 furlongs 6 chains in Bristol.
No. 2. — A railway from the Wrexham and Minera railway
to the Ffrwyd branch railway.
No. 3. — A branch railway from No. 2 last-mentioned
towards Brynmally branch railway.
No. 4. — A branch of the Lwynennion branch railway
towards Wrexham.
No. 6. — A deviation railway in Dudley from near Netherton
station to railway No. 1 of the West Midland Act of
1862.
No. 6. — A deviation railway in Bowley Begis from the
last-mentioned railway No. 5 to railway No. 1 of the
West Midland Act of 1862.
D.
258
PROVISIONAL ORDERS — SPECIAL PROVISIONS.
PABT I. — Gk)ODS AND Minerals.
(a) Rates and Terminals in respect of Merchandise
comprised in Classes A. and B.
Scale I. — ApplicahU to the following portiom of the Bailway,
Haximux Ratss fob
coktbtawob.
6
if
h
I
So
il
h
• •e
I
I
MAXunw Tbbiokalb.
Service TecmJiudB.
9>
1
I
S
1. Raflways governed by the Great Western
Act, 1847, viB. : —
London to Bristol, and brandh to Henley
Didoot to I^estfield, rik Leunington ...
Swindon to Oloncester and Cheltenham,
and branches to Cirencester and Tet-
bury
2. Railways governed by the Shrewsbury and
Birmingham Act. 1846, viz. : —
Shrewsbury to Busnbury, and branch to
Goalbrookdale
8. Bailwavs governed by the Oscf ord, Wor-
oeiiter, and Wolverhampton Acts, 1846
and 1846, viz. :—
Wolveroote Junction to Biuhbury, vi4
Worcester, and branches to Ghim>ing
Norton, Stratford-on-Avon, Stoke
Works, Eingswinf ord, Halesowen, and
from Kidderminster to Bewdley
4. Railways governed by the Severn Valley
Act, 18i56, viz. :—-
Shrewsbury to Hartlebury
5. RaHways governed by the Vale of Neath
Railway Act, 1846, viz. :—
Herthyr Tydfil and Aberdare to Neath,
with branches to Dare and Aman
6. Railways governed by the Aberdare Valley
Railway Act, 1865, viz. :—
Aberdare to Middle Duflryn
7. Railways governed by the Swansea and
Neath Railway Act, 1861, viz. :—
Neath to Swansea f Wind Street Junc-
tion), vi& Neath Abbey
8. Railways governed by the Gloucester and
Dean Forest Bailway Act, 1846, viz. :—
Gloucester to Grange Court Junction ...
Per
Ton
per
Wle.
d.
A0'06
^Bl'85
Per Per Per
Ton Ton Ton
per
Mile.
d.
0-86
1-0
per
Mile.
d.
0-60
0-80
per
Mile.
d.
0*40
0*60
Per
Ton.
«. d.
8
6
Per
Ton.
«. d.
Per
Ton
$. d.
Per
Ton.
d.
Per
Ton.
d.
A.
B.
ORE&T WE8TBBN R&ILWAT.
259
Scale I. — continued.
Maxivux Batu roB
CoimTAXCK.
S'
ao
I
XAzmuii TnimrALt.
Berrioe Tmninalt.
9. BaflaniTS goremed by the liyiiTi YaJlej
BaUwaT Act, 18S6, tu. :—
Purthcawl and Bridirrad to BlaniaTon,
with branches to Bla«n Q»m and Ty
Hirwain
10. Bailways soTern^d bj the Coleford Bail-
way Act, 1872. via. :—
Wreoham Junction to Coleford
11. Bailwaya govecned by the Severn Tunnel
Bailway Act, 1872. viz. :—
Severn Tunnel Junction to Pilning
12. Bailways goremed by the Shrewnbory
and Chester Bailway Act, 1646, riz. :—
Shrewsbury to Saltney Junction, with
branches to Oswestry and to Birnyr
Owen and Legacy Colliery, and from
Wheatsheaf Junction to Owersyllt,
horn Croes-newydd to Brynmally and
Firwd, and from Brymbo to Minera
and Vron
IS. Bailways goTemed by the Worcester and
Hereford Act, 18&8, viz. :—
Shelwick Junction to Worcester
14. Bailways governed by the Bala and Dol-
geUy Act, 1862
Per
Ton
p«*r
Mile.
AO-M
Bl'86
Ptr
Ton
Pw
Ton
per
Mile. Mile
d.
0*86
l-O
0-60
0-80
Per
Ton
per
Mile.
d.
0*40
0*60
Per
Ton.
«. d.
Per
Ton.
«. d.
8
6
Per
Ton.
«. d.
Per
Ton.
d.
Per
Ton.
d.
A.
B.
Scale II. — Applicable to all portions of the Bailway not herein
specially mentioned.
In roipect
of the
Md'chandiae
• comprised
in the under>
mentioned
A.
B.
Mazimuic Batu vob CovvsTAJiai.
For the
first 80 Miles,
or any part
of »uch
Distance.
Per Ton
per Hile.
d.
1-60
1-60
For the
next 30 Miles,
or any part
of such
Distance.
Per Ton
per Mile.
d.
0-90
1-20
For the
next 60 Miles.
or any part
of such
Distance.
Per Ton
per Mile.
d,
0-40
0*80
For the
remainder
of the
Distance.
Per Ton
per Mile.
d.
0-35
0-50
Maxinraxn
Station
Terminal
at
each End.
Per Ton.
t. d.
3
6
A.
B.
Provided
that if at any time after the commence-
s2
260
PROVISIONAL ORDERS — SPECIAL PROVISIONS.
ment of this Order the clear annual profits
divisible upon the whole subscribed and paid-up
capital ordinary stock of the Great Western Rail-
way Company upon an average for three consecu-
tive years shall equal or exceed the rate of six
pounds for every 100?. of such paid-up capital
stock, Scale I. shall become and shall continue to
be applicable to the railways governed by the
South Wales Railway Act, 1845, as amended by
the South Wales Railway Consolidation Act,
1855,
Scale m. — Applicable to tJie following portions of tJie Railway,
1. Kail ways governed by the Newport,
Aberg^veDny, and Hereford Kail-
way Act, 1846, viz. : —
Hereford (Barton) to Hountain
Ash (Middle DufEryn)
2. Railways governed by the Ogmore
Valley Railway Act, 1863, viz. :—
Kantymael to Brynmenyn, Black
Mill to Gelly Rhaidd, and Little
Ogmore Branch
3. Railways governed by the Pontypool,
Caerleon, and Newport Rulway
Act, 1866, viz. : —
Pontypool Road to Maindee Junc-
tion (Newport), vi& Caerleon . .
4. Railways ffovemed by the Cardiff and
Oraiore Railway Act, 1878, viz.: —
BlackmiU Junction to Llanharran
Junction
Maxitnnin Bate
for
Conveyanoe.
Per Ton
per Mile.
Class A.
0-875rf.
Mtt.-y<Tnmn BtfttiOII
Tenninal
at each End.
Class A.
U.
Class B.
The maximnm rates set oat in
Scale I.
Provided that in respect of the railways to
GREAT WESTERN RAILWAY.
261
whicli Scale III. is applicable the power of the company
to charge for a distance less than six miles shall have
effect as if four miles were substituted for six (d).
(b) Rates and Terminals in respect of Merchandise
comprised in Classes C, 1, 2, 3, 4, and 5.
il
il
o.
1.
2.
3.
4.
5.
MAXonm Batxs tou Comystamcb.
For Conaigiimenta, except m otherwise provided
in the Schedule.
For the
flzst
iO Miles,
aranjpext
of mich
Distance.
For the
next
aOMUee,
OTsnjpert
of such
Distance.
For the
next
fiOMilM,
or any part
of each
Distance.
Per Ton
Per Ton
Per Ton
per Mile.
per Mile.
d.
per Mile.
d.
1-80
1-50
1-20
2-20
1-85
1-40
2-65
2-30
1-80
3-10
2-66
2-00
3-60
315
2-60
4-30
3-70
3-25
For the
xenuunder
of the
Distance.
Per Ton
per Mile.
d,
0-70
1-00
]'50
1-80
2-20
2-50
Maximum Tbemivals.
Station
Termi-
nal at
each
End.
Per
Ton.
«. d.
1
I 6
1 6
1 6
1 6
1 6
Benriee Tominals.
Load-
ing.
Per
Ton.
«. d.
3
6
8
1
1 4
1 8
Un-
load-
ing.
Per
Ton.
s. d
3
6
8
1
1 4
1 8
Cover-
ing.
Per
Ton.
d,
1
1-60
2
Un-
oorer-
ing.
Per
Ton.
d,
1
1-60
2
1.
2.
3.
4.
6.
(<i) See note to Bimilar proTiao in Great Northern Sohedole, anU^ pp. 262, 263.
262
PROVISIONAL ORDERS — SPECIAL PROVISIONS.
[55 & 56 Vict. cap. xIyL]
HULL, BAKNSLEY, AND WEST RIDING
JUNCTION.
Short title.
Commenoe-
ment.
[Note. — ^The ProTisioiial Order applicable to the Hull, Bamsley,
and West Bidiag Junction Bailway Company may be cited as ** The
Eailway Bates and Charges, No. 8 (Hull, Bamsley, and West
Biding Junction Bailway) Order, 1892," and the Act confirming
it as ** The Bailway Bates and Charges, No. 8 (Hull, Bamsley, and
West Biding Junction Bailway) Order Confirmation Act, 1892."
Commencement of the Order, 1st January, 1893, unless the Board
of Trade otherwise direct.]
MAXIMUM BATES AND CHARGES
APPLICABLE TO THE
Hull, Bamsley, and West Riding Junction
Railway Company.
PABT I. — Goods and Minerals.
i 1
A.
B.
0.
1.
2.
3.
4.
a.
Maximum Sjltbs for CoKYSTAircs.
For Conngnmenta, except as otherwise
provided in the Hchedule.
For the first
ao Miles
or any part
of such
Distance.
Per Ton
per Mile.
d,
1-16
1-26
1-80
2-20
2-65
3*10
3-60
4-30
For the next
For the next
aOBiiles
60 Miles
or anj part
or any part
of such
of such
Distance.
Distance.
Per Ton
Per Ton
per Mile.
per Mile.
d.
d.
0-90
0-45
1-00
0-80
1-50
1-20
1-85
1-40
2-30
1-80
2-65
2-00
3-15
2*50
3-70
3*26
For the
remainder
of the
Distance.
Per Ton
per Mile.
d.
0-40
60
70
00
50
80
20
50
0-
0-
1-
1'
1-
2'
2"
Per
Ton.
». d,
3
6
1
1
1
6
6
1 6
1
1
6
6
Maximum Txrmimals.
Servioe Terminals.
Per
Ton.
8. d.
1
1
3
5
8
4
1 8
bo
.a
Per
Ton.
i. d.
1
1
3
5
8
4
1 8
Per
Ton.
d.
1
1-60
2
2
3
4
%
o
s
Per
Ton.
d.
I
V5Q
2
2
3
4
A.
B.
0.
1.
2.
3.
4.
6.
I8LB OP WIOHT BAILWAT.
263
ment.
[50 & 56 Yiot. cap. xlyii.]
ISLE OF WIGHT RAILWAY.
[Note. — ^The ProTiaional Order applicable to the Isle of Wight Short title.
Bailway Company, and the Companies next mentioned, may be cited
as ** The Bailway Bates and Charges, No. 9 (Isle of Wight Bailway,
&c.) Order, 1892," and the Act confirming it as *' The Bailway Bates
and Charges, No. 9 (Isle of Wight Bailway, &c.) Order Confirmation
Act, 1892."
Commencement of the Order, Ist January, 1893, unless the Board Commence-
of Trade otherwise direct.]
MAXIMUM BATES AND CHABGES
APFLIGABLE TO THB
Isle of Wight Railway Company,
Isle of Wight Central Railway Company,
Brading Harbour Improvement Railway and
Works Company,
and
Freshwater, Yarmouth, and Newport Railway
Company.
PABT I.
— OooDS Am) MnnsBAiiS.
k^t
Hazikux
ps
Ratbs roE
Haximum Txuiixals.
COMYKTANCB.
For
Service Tttrminals.
Consignmenta,
except as
station
Terminal
&.8 «» fi
otherwise pro-
Tided in
the Hchedale.
at each
End.
Loading.
Un-
loading.
CoTering.
XJn-
Per Ton
per Mile.
Per Ton.
Per Ton.
Per Ton.
Per Ton.
PerTon.
d.
«. d.
t. d.
t. d.
d.
d.
A.
VIS
3
—
^—
^
—
A.
B.
1-90
6
—
_
— .
—
B.
0.
2*00
1
3
3
1
1
0.
1.
2-26
1 6
6
5
1-60
1-60
1.
2.
2-76
1 6
8
8
2
2
2.
8.
3-10
1 6
1
1
2
2
3.
4.
3-76
1 6
1 4
1 4
8
3
4.
6.
4-30
1 6
1 8
1 8
4
4
5.
264 PROVISIONAL ORDERS— SPECIAL PROVISIONS.
[55 & 56 Vict. cap. zlyiii.]
LANCASHIRE AND YORKSHIRE RAIL-
WAY COMPANY.
Short title. [Note.— The PFoyisioiial Order applicable to the Lancashire and
Yorkshire Bailway may be cited as * * The Bail way Bates and Charges,
No. 10 (Lancashire and Yorkshire Bailway, &c.) Order, 1892," and
the Act confirming it as ** The Bailway Bates and Charges, No. 10
(Lancashire and Yorkshire Bailway, &c.) Order Confirmation Act,
1892."
Commence- Commencement of the Order, Ist January, 1893, unless the Board
ment. ^f r£rade otherwise direct.]
Companies to which the Lancashire and Yorkshire
Railway Company^ s Schedule applies^ being the
Appendix to the Schedule of the Lancashire and
Yorkshire Railway Company.
The London and North Western Railway Com-
pany, and the Lancashire and Yorkshire Railway
Company in respect of the Lancashire Union
Railway from Cherry Tree to Chorley and from
Adlington to Boars Head ; the North Union Rail-
way from Euxton Junction to Preston ; the Preston
and Longridge Railway; and the Preston and
Wyre Railway.
The London and North Western Railway Com-
pany; the Lancashire and Yorkshire Railway
Company; and the Corporation of Preston in
respect of the Ribble Branch Joint Railway
Company.
LANCASHIRE AND YOBKSHIBE RAILWAY.
265
MAXTMUM BATES AND CHABGES.
In calculating the distance over which any Aiiowanoes.
merchandise is conveyed, and for all purposes of
rates and charges, the extended line of railway
authorised by the Manchester and Leeds Railway
Act, 1839, and the line of railway connecting the
same with the Lancashire and Yorkshire Railway
Company's main line of railway, or any part thereof,
is to be calculated as two and a half miles.
PAET L— Goods and Minerals.
Scale I. — Applicable to $uch railways as are not hereinafter specially mentioned.
1.2
ll
ICaximvm Eatss roE Convbtamcs.
For ConsignmeiLtfl, except an otherwiae
piovided in the Schedule.
A.
B.
0.
1.
For the
ftrat
SOMilenor
anr paxt
of such
Distance.
Per Ton
per Mile.
100
1-40
1-80
2-20
For the
next
ao Miles or
anriMjt
of such
Distance.
Per Ton
per Mile.
0-85
100
1-50
1-85
For the
next
60 Miles or
any part
of such
Distance.
Per Ton
per Mile.
d.
0-50
0-80
1-20
1-40
For the
remainder
of the
Difitanoe.
2.
2-66
2-30
1-80
8.
3- 10
2*66
200
4.
3-60
315
2-50
6.
4-30
3-70
3-26
Per Ton
per Mile.
d.
0-40
0-50
0-70
100
1-50
1-80
2-20
2-50
I'd
I
Per
Ton.
». d.
8
6
1
1 6
1 6
1 6
1 6
1 6
MAximni Tkuuhali.
Sendee Termisals.
Per . Per
Ton. Ton.
8. d.
3
5
8
1
1 4
1 8
9. d.
3
5
8
1
1 4
1 8
Per
Ton.
1
1-50
2
2
8
4
I
Per
Ton.
d.
1
1-50
2
2
8
4
A.
B.
0.
1.
2.
8.
4.
5.
266
PBOYISIONAL ORDERS — SPECIAL PROVISIONS.
LazLoaahire & YorkBhire BaHway — continued.
Scale IL — Applicable to the Preston and Longridge Bailway.
^ 85 S
O O'0 B
3,
1 1^1
A.
B.
0.
1
2
8
4
6
Hazimitm Ratm
FOB
GoirVKTAXCS.
For GoxurignmentB,
except as other-
wv» provided in
the Schedule.
Per Ton per
Mile.
d.
1-25
1*40
1-80
2-20
2*65
3*10
3*60
4-30
MAXXmiM TSRMINALB.
Station
Terminal
at each
End.
Per Ton.
t. d.
3
6
1
1 6
1 6
1 6
1 6
1 6
Senice Tenninals.
Loading. Unloading.
Per Ton.
t. d.
3
5
8
1
1 4
1 8
Per Ton.
t. d.
3
5
8
1
1 4
1 8
CovBdng.
Per Ton.
d.
1*60
2
2
8
4
TJnoovexing.
Per Ton.
d.
1*60
2
2
3
4
A.
B.
0.
2
3
4
5
Provided always, that with respect to merchandise in
Class A, conveyed between Dock Street, Preston, and
Deepdale, the maximum rate for conveyance shall not
exceed 2d. per ton.
LONDON AND NORTH WESTERN RAILWAY. 267
[54 & 55 Yict. cap. ocxxi.]
LONDON & NORTH WESTERN RAILWAY.
[Note. — The Provisional Order applicable to the London and Short title.
North Western Bailway Company may be cited as '*The London
and North Western Bailway Company (Bates and Charges) Order,
1891," and the Act confirming it as '* The London and North Western
Bail-way Compejiy (Bates and Charges) Order Confirmation Act,
1891."
Commencement of Order 1st August, 1892, or such later date as Commence-
the Board of Trade direct. Now postponed to 1st January, 1893.] ment.
Companies to which the London and North Western
Rates apply J being the Appendix to the London
and North Western Schedule.
The Great Western Railway Company in respect
of the Birkenhead Railway (including the West
Kirby lines) and the Wrexham & Minera Railway.
The Brecon and Merthyr Tydfil Junction Rail-
way Company in respect of the Dowlais and
Merthyr Railway.
The Rhymney Railway Company in respect of
the Nantybwch and Rhymney Railway.
The Chamwood Forest Railway Company in
respect of the Chamwood Forest Railway.
The Harbome Railway Company in respect of
the Harbome Railway.
The Mold and Denbigh Junction Railway Com-
pany in respect of the Mold and Denbigh Junction
Railway.
MAXIMUM RATES AND OHAROES.
In calculating the distance over which any Rimcom
merchandise is conveyed, and for all purposes of j^<^on
rates and charges, the Runcorn Bridge is to be ^^^^^'
268 PROVISIONAL ORDERS — SPECIAL PROVISIONS.
calculated as nine miles, and the junction railway
authorized by the Stockport, Disley, & Whaley
Bridge Railway Act, 1855, is to be calculated as
three quarters of a mile.
Different Where the distance over which merchandise is
conveyed consists in part of a line or lines of rail-
way to which one scale, and in part of a line or lines
to which another, or more than one other scale of
rates is applicable, the maximum charge for each
such portion of the entire distance shall be calcu-
lated at the maximum rate which, according to
the scale applicable to such portion, would be
chargeable for the entire distance.
Savmg of Nothing in this Order shall affect the tolls,
TmnsferAot, ratos, duos, and charges prescribed by the St.
L. &N.W. Helens Canal and Railway Transfer Act, 1864
Sd^^nai (sects. 12, 13, and 14), the London & North
1867^^^^*' Western Railway (Additional Powers, England)
Act, 1865 (sect. 72), and the London & North
Western Railway (New Works and Additional
Powers) Act, 1867 (sect. 48), but the company
may, in respect of the traffic there referred to,
demand or take the tolls, rates, dues, or charges
prescribed by those enactments, and shall not
demand or take any tolls, rates, dues, or charges
in excess thereof. Provided further that nothing
herein contained shall prejudice or affect any
maximum rates or charges in respect of any new
dock for the construction of which the company
may seek powers from Parliament.
The St. Helens Canal & Railway Transfer Act, 1864, sect. 12,
proyides in efFeot that, except as expressly proyided, the charges
LONDON AND NORTH WESTERN RAILWAY. 269
ahall be the same as on the rest of the London & North Western
Sailway. Sect. 13 provides that the London & North Western
Bailway Company ahall not demand and receive any greater toll,
rate, or charge than the following ; —
For stone, sand, clay, bricks, and limestone, conveyed to and
from — PER TON
St. Helens and Widnes Dock - - - 1«. 2<{.
St. Helens and Garston Dock - - - la. Qd,
For pyrites, manganese, copper ore, emery stone, plaster stone,
salt, timber, and merchandise conveyed to and from —
PER TON
St. Helens and Widnes Dock - - - 1«. Sd.
St. Helens and Garston Dock - - - 2a. 2d.
For all traffic between —
Widnes Dock or -s r the sidings of any ^
Sankey Canal be-
tween West Bank
Locks and the first
bridge across the
canal
J works in the township
of Widnes directly I per ton
OS I communicating with T Oa. Sd»
I the line thereby trans-
^ f erred -^
Ghurston Dock and such sidings - - - la. Sd,
And in all the above cases the charges are respectively to indade
dock dues, receiving from the ship and loading on the waggons, or
the unloading from the waggons and delivery to the ship, and also
the use of waggons.
For all traffic conveyed from —
Such sidings in Widnes ) ( works in the town- 1 per ton
as above mentioned ) ( ship of Widnes ) Oa. 6d.
For all traffic other than coal or refuse conveyed from —
Works having a \ / works having sidings com- \
siding communi- ( 4^ ) municating with the same r per ton
eating with the St. ( j lines not more than three I Oa. 9d,
Helens Bailway / \ miles distant J
This last-mentioned charge to include use of waggons, but not
porterage.
All the above charges for traffic to and from St. Helens axe to
include the taking waggons with goods to and from the sidings
directly communicating with the lines of the St. Helens Bailway,
not being more than two and a quarter miles northward of Sutton
Oak Junction.
For any of the foregoing articles when placed at the desire or by
the default of the consignee on the wharves of the Widnes or
Garston Dock, the company may charge a wharfage rate not
270 PROVISIONAL ORDERS— SPECIAL PROVISIONS.
exceeding 4^. per ton, and if they remain longer than one month
Id, per ton per month or part of a month.
For all coal from any colliery on the St. Helens Bailway, not
more than sixteen miles from Garston Dock to that
dock - - - * - ' 1b, dd, per ton
including the charge for the use of the dock, and if the owner
supplies the locomotive power there is to be a reduction of 4d.
per ton.
For alkaline waste, slag, and other refuse conveyed exdusively
by the railways transferred by the Act, the rates authorised to be
charged for slack.
And by sect. 14 no charge is to be made for delivery to or taking
from sidings commimicating with the railway.
The London and North Western Bailway Company (Additional
Powers) Act, 1867, authorised, amongst other things, the construc-
tion of new docks at Garston, and sect. 48, after incorporating
sect. 13 and certain other sections of the St. Helens Canal and
Bailway Transfer Act of 1864, provided that the expression " Gars-
ton Dock," used in sect. 13 of the Act of 1864, should comprise the
new docks authorised by the Act of 1867 ; that the expression ''dock
dues" and ** charges for the use of the dock " should comprise the
charges imposed in the schedule; and that the expression ''the
railways hereby transferred " should mean the then existing lines
of the St. Helens Bailway, and all other railways, tramways, and
sidings in connection with the docks authorised by the Act of 1867 ;
and nothing in the Act was to authorise the railway company to
receive any further toll, rate, or charge in respect of any matters
mentioned in the incorporated sections so far as regards the docks
thereby authorised, than the maximum toll, rate, or charge by the
said sections and by Schedule B. to the Act of 1867 authorised.
The section then goes on to provide a maximum dock tonnage
rate of 2d. per ton register on entry to the docks, receivable from
the owners of vessels carrying cargo for any traders or persons
entitled to the privileges in the said sections accorded ; and also that
no dock tonnage rate should be payable by x>6rsons on lighters
carrying cargo from or to any other part of the port of Liverpool
for the service of vessels loading or imloading in the said docks.
Schedule B. contains a dock tonnage rate of 2d, per ton on vessels
to and from all places.
Saving of The maximum rates for conveyance for iron
and steel and stecl articles in classes B. and C. of the
^^' classification shall not exceed upon the portions
LONDON AND NORTH WESTERN RAILWAY.
271
of the railway respectively governed by the
London and North Western Railway Amalgama-
tion Act, 1846 (9 & 10 Vict. c. 204), and the
Stonr Valley Railway Act, 1846 (9 & 10 Vict.
c. 328), the rates by those Acts respectively
authorised.
The rates lor oonyeyanoe of iron and steel authorised by the
London and North Western Bailway Co. Amalgamation Act, 1846
(9 & 10 Yict. 0. 204), are as follows :~
•
DBSOBXPTIOir.
If Oonrered for a
BiBtanoeofSOMilM
or apwanlfl*
If for any lev
Puffcaaoathan
MMllea.
For iron not damageable •
For damageable iron, sheet iron,
hoop iron, and all other similar
descriptionB of wrouffht iron ....
For metals, nails, anvUs, Ttces, and
Par Ton per MOe.
l"
1*
2
Par Ton per Mfle.
3
2i
This Act amalgamated the London and Birmingham, Grand
Junction, and Manchester and Birmingham Bailway Companies
and applied to their railways.
The rates for oonyeyanoe of iron and steel authorised by the
Stour Valley Act, 1846 (9 & 10 Vict. o. 328), are as follows :—
DUCBIPTION.
Hoop iron, sheet iron, wire iron, and heayy iron cast-
ings, including railway chairs
Pig iron, bar iron, rod iron, plates of iron, slabs,
billets, and rolled iron
Hetals (except iron nails), anvils, yioes, and chains
and light castings ••.......
Per Ton per Mfle.
d.
2
1*
3
The Stour Valley Act, 1847, applies to a railway commencing by
a junction with the London and Birmingham Bailway in the
parish of Aston, and terminating by a jimction with the Grand
Junction (Birmingham to Warrington) Bailway in the parish of
272 PROVISIONAL ORDERS — SPECIAL PROVISIONS.
Biishbuiy, and a Tailwaj commencing with, a junction with the
last-mentioned (Aston to Bushbury) railway in the pariah of
Halesowen, and terminating at or near to the town of Dudley.
Whitehaven Notwithstanding anything in this Order, the
Junotion and . ...
Oookermouth following provisions with respect to the traffic
ton Railways. Specified in Classes A. and B. passing over the
Whitehaven Junction (Whitehaven and Mary-
port) and Cockermouth and Workington Rail-
ways or any portion of such railways shall apply
and have effect : —
(a) In respect of waggons provided by the
company for the conveyance of traffic
specified in Class A., the company shall
be entitled to demand and receive a charge
of one farthing per ton per mile.
(b) In respect of the traffic specified in Classes
A. and B., and of waggons provided by
the company for the carriage thereof which
shall be conveyed for a less distance than
four miles, the company may demand and
receive rates and charges as for four miles
at the least irrespective of the place of
origin or destination of such traffic.
(c) No charge shall be made by the company
for the mere delivery of trucks into and
upon a siding not belonging to the com-
pany over the junction between the rail-
way and such siding, or for the haulage
of trucks from and off such a siding over
the junction on to the railway of the
company.
Haidwaro. With respcct to the articles and things set forth
under the headings Hardware and Hollow ware
LONDON AND NORTH WESTSBN BAILWAT.
273
in Class 3 of the classification, the maximum rates
for conveyance over the railways governed by the
London and North Western Railway Amalgama-
tion Act, 1846 (9 & 10 Vict. c. 204), and the
Birmingham, Wolverhampton, and Stour Valley
Railway Act, 1846 (9 & 10 Vict. c. 328), shall be
twopence halfpenny per ton per mile if conveyed
for any less distance than 50 miles, and twopence
per ton per mile if conveyed for a distance of
50 miles or upwards, provided always that where
such articles and things are conveyed for any
distance exceeding 49 miles the company may
charge as for 49 miles at the least.
See note, ante, p. 271.
PABT I.— Gk)0D8 AiTD Minerals.
(a) Rates and Terminals in respect of Merchandise
comprised in Class A.
Scale I. — Applicable to ntch portions of the Railway a» are not hereinafUr specially
mentioned.
Maximum Batss tob Comvbtanci.
Fortheflnt For the next
aOMilni, I 80 Miles.
or any part
of 8U0h
Distance.
Per Ton
per Mile.
d.
0*95
or any part
of MUCh
Distance.
Per Ton
per Mile.
d.
0*86
For the next
tf) Miles,
or any part
of such
Diiitanoe.
For
the re-
mainler
of the
Duftanoe.
Mazimxtm Tsbmimali.
Station
Terminal
at each
End.
Per Ton Per Ton Per Ton.
per Mile, per Mile.
d,
0-50
d.
0-40
d,
3
Serrice Terminala.
Loading.! ^^5^- Corerinff.
PerTon. PerTon. PerTon.
«. d.
t, d.
d.
UnooTer-
Ing.
PerTon.
d.
D.
274
PROVISIONAL ORDERS — ^SPECTAL PROVISIONS.
Short du<
tance.
Scale U.—Applicahle to the BailwayB herein epecidUy mentumed.
Sirhowy •.....••.. ....•••••
Sontli StaffordBhire : —
Dudley to Wiohnor, and branches to Bes-
oot, Dudley Port, Cannock, and Leigh-
wood ,
Wednesbnry to Tipton and James Bridge.
Norton Brandi and Extension
Littleworth Extension
Merthyr, Tredegar, and Abergavenny : —
Abergayenny to Nantybwch, Merthyr Ex-
tension, and Cwm Bargoed Branch ....
Nantyglo and Blaina •
Brynmawr and Blaenavon : —
JSrynmawr to Blaenayon and Abersychan
Extension • • •
Whitehayen Junction : —
Whitehaven to Maryport
Gockermouth and Workington
The Dowlais and Merthyr Railway, jointly
owned by the Gonmany and the Brecon
and Merthyr Tydfil junction Bailway
Company ........ ....
The Kianlybwoh and I^vmney Bailway,
1'ointly owned by the dompany and tne
Ihymney Bailway Company
The Chamwood Forest Bailway, worked by
the Company •
South Leicestershire : —
Nuneaton to Wigston
Mold Junction to Mold and Coed Talon ....
Carnarvon to Llanberis
The Mold and Denbigh Junction Bailway,
worked by the Company
Carnarvon Junction to Afonwen Junction. .
Nantlle Branch
Chester and Holyhead
Bangor and Bethesda
Sto<£port Junction to Buxton
Cromiord and High Peak
Buxton and High Peak Junctions
Ajehboume and Buxton ^
Lancaster and Carlisle, including Ingleton,
Morecambe, and Glasson Dock Branches. .
ifa-HTnimi Bate
forGoaveyanoe
PttTonper
Mae.
•876
S 1-26
2-0
Station
Teimiiialat
j^%^ ^ end.
d,
8
3
Provided that with regard to the Sirhowy
Railway, the company shall with respect to
merchandise in Class A. conyeyed for a less
LONIK)N AND NORTH WESTERN RAILWAY.
276
distance than four miles, have power to charge
as for four miles at the least, irrespective of the
place of origin or destination of the traffic.
Scale EH. — AppUcahle to the Cannock Chase Railway*
For the whole or any portion of the Cannock Cannock
Chase Railway, the company may charge a maxi-
mum rate of 9d. per ton, except with regard to
merchandise passing along and from the railway
secondly described in and authorised by the
Cannock Chase Railway Act, 1860, on to the
Littleworth Tramway, and not having passed
along any part of the railway firstly described in
the said Act, for which merchandise they may
charge a maximum rate of 4-50rf. per ton.
(b) Rates and Terminals in respect of Merchandise comprised
in Gasses B., C, 1, 2, 3, 4, and 5.
Scale I. — Applicable to such portions of the Railway as are not hereinafter specially
mentioned.
fco
^.g
^ St
£8
B.
C.
1
2
3
4
6
Majcimum Batxb roB Coxybtakcb.
For the flrat
20 Miles, or
any part
of huch
Diatanoe.
Per Ton
perHile.
d.
1-26
1-80
2*20
2-65
3-10
3-60
4-30
For the next
SO Milcfl, or
any part
of such
Distance.
Per Ton
per Mile.
d.
1
1
1
2
2
3
3
50
85
30
65
16
•70
For the next
60 Milcfl, or
any part
of such
Diatauce.
For the
remnindcr
of the
Distance.
1
TJ
s
Per Ton
per Mile.
d.
0-80
1-20
1-40
1-80
200
2-50
3-25
Per Ton
per Mile.
d.
0-50
1
1
1
2
2
70
00
50
80
20
•50
(3
o
OD
Per
Ton.
t. d.
6
1
1 6
1 6
1 6
1 6
1 6
Maximuh Tbrmikals.
Service Terminals.
Per
Ton.
«. d.
1
1
3
6
8
•a
Per
Ton.
«. d.
I 1
4 1
3
6
8
4
18 18
Per
Ton.
d.
1
1-60
2
2
3
4
Per
Ton.
d,
1
1-60
2
2
3
4
B.
0.
1
2
8
4
6
t2
276
PKOVISIONAL ORDBBS — SPECIAL PK0VIS10N8.
R * ^' ^' (^) Rates ^^^ Terminals in respect of Merchandise
Whitehayen
Junotioii.
comprised in Class B.
Scale II. — Applicable to the BaUwaye herein specially mentioned.
WhitehaTen Jmiotioii : —
Whitehaven to Maryport, Gookermoath,
and Workington
iffn'rimfim Bate
per Ton per
MUe.
d.
1-60
Btation
Tarmixml
at each End.
«. d.
6
Provided always that with regard to mer-
chandise in Class B. conveyed upon the White-
haven Junction or Cockermonth and Workington
Railways or any portion thereof for which the
company do not provide waggons, the maximum
rate for conveyance before mentioned shall be
reduced by the sum of \d. per ton per mile.
LONDON AND SOUTH WB8TBRN RAILWAY. 277
[64 & 65 Yict. cap. ooxyi.]
LONDON AND SOUTH WESTERN
RAILWAY.
[Note. — The FroTisional Order applicable to the London and Short title.
South Western Railway Company may be cited as '*The London
and South Western Bailway Company (Bates and Charges) Order,
1891," and the Act confirming it as ''The London and Southwestern
Bailway Company (Bates and Charges) Order Confirmation Act,
1891."
Commencement of the Order 1st August, 1892, or such later date Commeiioe-
as the Board of Trade direct. Now postponed to 1st Jan. 1893.] ment.
Companies to which the London and South Western
Railway Rates apply j being the Appendix to the
London and South Western Railway Company* s
Schedule.
The Weymouth and Portland Railway Company,
in respect of the Weymouth and Portland Railway.
The Plymouth and Dartmoor Railway Company,
in respect of the Plymouth and Dartmoor Railway.
The Stonehouse Port Improvement Company,
in respect of the Stonehouse Port Railway,
The Somerset and Dorset Railway Company,
in respect of the Somerset and Dorset Railway.
The North Cornwall Railway Company, in
respect of the North Cornwall Railway.
The Salisbury Railway and Market House
Company, in respect of the Salisbury Market
Branch Railway.
278 PEOVISIONAL ORDEKS — SPECIAL PROVISIONS.
The Bridgwater Railway Company, in respect
of the Bridgwater Railway.
The Plymouth, Devonport, and South Western
Junction Railway Company, in respect of the
Plymouth, Devonport, and South Western Jxmc-
tion Railway.
The Sidmouth Railway Company, in respect of
the Sidmouth Railway.
The Midland Railway Company, in respect of
the Midland and London and South Western
Joint Corf e Mullen Junction Railway.
The London, Brighton, and South Coast Railway
Company, in respect of the following joint lines: —
Joint Portsmouth Railway.
Isle of Wight and Ryde Pier Railway.
Southsea Railway.
Tooting, Merton, and Wimbledon Railway.
Epsom and Leatherhead Railway.
MAXIMUM BATES AND CHAEGES.
Different Where the distance over which merchandise
is conveyed consists in part of a line or lines of
the company to which one scale, and in part of
a line or lines to which another, or more than one
other scale of rates is applicable, the maximum
charge for each portion of the entire distance
shall be calculated at the maximum rate which,
according to the scale applicable to such portion,
would be chargeable for the entire distance.
LONDON AND SOUTH WBffTBBN BAILWAT.
279
PABT L — Goods and Minehals.
(a) Rates and Terminals in respect of Merchandise
comprised in Classes A., B., C.
Scale L — Appliealle to such portions of the Railway as are not Jiereina/ter
specially mentioned.
i|
A.
6.
C.
Mazimum Ratbs roB CoyriTAirci.
For Ooiudgiuneiita, except u otherwiM
provided in the bchedule.
Thefixet
20 Miles, or
any pert
of raoh
Disteooe.
Per Ton
per Mile.
d.
1-60
1-60
1*80
Ftothe
For the
next
next
ao Miles, or
60 Miles, or
anrpert
of each
an V part
01 BUCh
Distance.
Distance.
Per Ton
Per Ton
per Mile.
per Mile.
rf.
d.
0-95
0-76
MO
0-85
1-60
1-20
For the
remainder
of the
Distance.
Per Ton
per Mile.
d,
0*60
0-70
0-70
Station
Termi-
nalat
each
End.
Per
Ton.
«. d.
3
6
1
Maxixdv TsBMnrALS.
Berrice Tenninals.
Per
Ton.
«. d.
3
Per
Ton.
«. d.
3
I
Per
Ton.
d.
Per
Ton.
d.
A.
B.
0.
Scale U. — Applicable to the portions of the Railway herein specially mentioned.
Kine Elme to Snrbiton . .
Wimbledon to Pntner . .
Qapham Junction to Pelt-
ham Junction
Barnes toFeltham Jxmotion
(loop line)
Hammersmith Junction to
Bichmond Junction ....
Twickenham to Maiden . .
In respect
of Mer-
chandise
comprised in
the under-
mentioned
A.
B.
0.
Haximum
BATSSFOa
COXYBTAWOS.
ForConsign-
mentSf except
as otherwise
proTidedin
toe Schedule.
Per Ton
per Mile.
d,
1-90
200
2*20
Station
Termi-
nal at
each
End.
Per
Ton.
«. d.
8
6
1
Mazmum TniovAU.
Serrice Tenninals.
Per
Ton.
d.
3
Per
Ton.
d.
8
Per
Ton.
d.
Per
Ton.
d.
280
PROVISIONAL ORDEBS — BFECIAL PROVISIONS.
L. & S. W. Bailway — eontinued.
(b) Rates and Terminals in respect of Merchandise
comprised in Classes 1, 2, 3, 4, and 5.
Maximum Batxh fob Cohtstavcb.
F<nr ComaignmeiitB, ezoept aa otherwiae provided
in the Schedule.
For the
first
SO Miles,
or any
part
ofaoch
DiBtanoe.
1.
2.
3.
4.
6.
Per Ton
per Mile.
d,
2-26
2-76
8-10
3-76
4-30
For the
next
80 Miles,
or any
part
of sach
Diatanoe.
Per Ton
per Mile.
d.
1-90
2-36
2-80
3-35
3-90
For the
next
60 Miles,
or any
part
ox such
Distance.
Per Ton
per Mile.
d.
1-66
2*06
2-50
816
3-80
For the
remainder
of the
Distance.
Maximum Tbbmixals.
Per Ton
per Mile.
d.
1-36
1-66
2-10
2-60
300
Station
Tenni-
nalat
each
End.
Per
Ton.
t. d.
1 6
1 6
1 6
1 6
1 6
Service Terminals.
Per
Ton.
t, d,
6
8
1
1 4
1 8
I
Per
Ton.
«. d.
6
8
1
1 4
1 8
I
Per
Ton.
d.
1-60
2
2
8
I
Per
Ton.
d,
1-60
2
2
3
4
1.
2.
3.
4.
6.
L0N1X>N, BRIGHTON, AND SOUTH COAST BAILWAY. 281
[54 & 66 Vict. cap. ccxrii.]
LONDON, BRIGHTON, AND SOUTH COAST
RAILWAY.
[Note. — ^The Provisional Order applicable to the London, Short title.
Brighton, and South Coast Bailway Company may be cited as
'* The London, Brighton, and South Coast Railway Company (Bates
and Charges) Order, 1891," and the Act confirming it as ** The Lon-
don, Brighton, and South Coast Railway Company (Rates and
Charges) Order Confirmation Act, 1891."
Commencement of Order Ist August, 1892, or such later date as Gommence-
the Board of Trade direct. Now postponed to 1st Jan. 1893.] ™«^*-
Companies to which the London^ Brighton^ and South
Coast Railway Rates apply, being the Appendix
to ths London, Brighton, and South Coast Rail-
wag Company^ s Schedule.
The South Eastern Railway Company in re-
spect of the following joint railways : —
The Croydon and Oxted Railway.
The Woodside and South Croydon Railway.
The Bricklayers' Arms Railway.
The railway between London Bridge and
Corbett Lane Junction.
The railway between Coulsdon and Redhill.
The railway between Bo-peep Junction and
Hastings.
The London, Chatham, and Dover Railway
Company in respect of the railway between
Wandsworth Road and Loughborough Park.
The London and South Western Railway Com-
pany in respect of the railway between Pease-
marsh Junction and Guildford.
282
PBOYISIONAL OBDEBS — SPECIAX PROVISIONS.
The Hayling Railway Company in respect of the
Hayling Railway.
The Brighton and Dyke Railway Company in respect of
the Brighton and Dyke Railway.
MAXIMUM BATES AND CHAEGES.
Where the distance over which merchandise is conveyed
consists in part of a line or lines of the company to which
one scale, and in part of a line or lines to which another
or more than one other scale, of rates is applicable, the
maximum charge for each portion of the entire distance
shall be calculated at the maximum rate which, according
to the scale applicable to such portion, would be chargeable
for the entire distance.
PART I.— Goods akd MnrEaALS.
(a) Rates and Terminals in respect of Merchandise
comprised in Classes A., B., and C.
Scale I. — Applicable to such portions of the Railway as are not hereinafter specially
mentioned.
II
I
ll
.a
A.
B.
0.
Maxikum Bates fob CoimYAHOB.
For Ck>D8igninent8 except aa otherwise
provided in the Schedule*
For the
first
20 Miles,
or any
part of
sach
Distance.
Per Ton
per Mile.
d.
1-60
1*60
1-80
For the
For the
next
next
aOMUes,
60 Miles,
or any
or any
part of
part of
sach
such
Distance.
Distance.
Per Ton
Per Ton
per MUe.
per Mile.
d.
d.
0-95
0-75
MO
0-86
1-50
1-20
For the
remainder
of the
Distance.
Per Ton
per Mile.
d,
0*60
0-70
0-70
Station
Termi-
nal at
each
End.
Per
Ton.
t, d.
8
6
1
MumcuM Tbbmxxals.
^
t
Per
Ton.
d.
Service Tennlnals.
Per
Ton.
d.
6
Per
Ton.
d.
Per
Ton.
d.
B.
L0inK>N9 BBIGHTONy AND SOUTH COAST BAILWAT.
283
ScAiiE n. — ApplicahU to the portions of the Railway herein specially mentioned.
(a} London Bridge to Croydon (in-
dnding* junction witn Brick-
lajers* Arms Railway and jnno*
tions with South London Kail-
way at Old Kent Road)
{b) South London Line
(r) Biicklajers* ArmB Railway ....
(d) Thames Junction Railway (Dept-
ford Wharf Branch), inolndmg-
junotion with main line at New
Groflfl, and with South London
Line at Old Kent Road
(e) Victoria to Croydon, inoludinff
branch to Batteraea Wharf,
branch from Balham to Norwood
Junction and Selhurst, Norwood
Spar, branch from Streatham
Junction to Tooting Junction,
Crystal Palace, and Sydenham
Spur, Streatham Spurs, Tulse
SmiSpurs
(/) The Tooting, Merton, and
Wimbledon Railway (Tooting
Junction yii Wimbledon to
Tooting Junction)
(ff) Wimbledon and Croydon Rail-
way (Wimbledon to Croydon) . .
(h) The railway from Peckham Rye
to Hitcham Junction, vii Tulse
Hill
A.
>B.
C.
Maximum
Batu roB
COXVBTAXCB.
For CoD^go^
menta except
u othcTwiw
provided in
the Schedule.
Per Ton per
MUe.
190
200
2-20
BCazimitm Tbbmiit AtS.
Per
Ton.
t, d.
3
6
1
Bprrioe Terminals.
Per
Ton.
d.
3
Per
Ton.
d.
8
Per
Ton.
d.
u
Per
Ton.
d.
284
FBOTISIONAL ORDERS — SPECIAL PROVISIONS.
L. B. & S. C. Bailwaj — eontinued.
(b) Rates and Terminals in respect of Merchandise
comprised in Classes 1, 2, 3, 4, and 5.
H
Ik
K
.g
s
1.
2.
8.
4.
6.
Maximum Ratss fob ComrxTAKOB.
For Consignments, except as otherwise
provided in the Schedule.
For the first
20 Miles,
or any part
of such
Distance.
For the next
SO Miles.
oranypart
of such
lyistanoe.
Per Ton
per Mile.
Per Ton
per Mile.
d,
2-26
d.
1-90
2-76
2-35
310
2-80
3-76
3-35
4-30
3-90
For the next
GOMilt«,
or any part
of sueh
Distance.
Per Ton
per Mile.
d.
1-66
2*06
2-60
315
8-80
For the
remainder
of the
Distance.
^
Per Ton
per Mile.
d.
1-36
1-65
210
2-60
2-90
O'
1
GQ
'S
Per
Ton.
t. d.
I 6
1 6
1 6
1 6
1 6
Maximum Tsbmhials.
Service Terminals.
Per
Ton.
«. d.
6
8
1
1 4
1 8
Per
Ton.
s. d.
5
8
1
1 4
1 8
I
Per
Ton.
d.
1-60
I
Per
Ton.
d,
1-60
2.
3.
3
LONDON, CHATHAM AND DOVER RAILWAY. 285
[64 & 55 Yict. cap. ocxriii.]
LONDON, CHATHAM AND DOVER
RAILWAY.
[Note. — The ProviBional Order applicable to the Londoiii Chat- Short title.
ham and Doyer Bail way Company may be cited as *' The London,
Chatham and Dover Bailway Company (Bates and Charges) Order,
1891," and the Act confirming it as ** The London, Chatham and
Dover Bailway Company (Bates and Charges) Order Confirmation
Act, 1891."
Commencement of the Order Ist August, 1892, or such later date Commenoe-
as the Board of Trade direct. Now postponed to Ist Jan. 1893.] °^*^^'
Companies to which the London^ Chatham and Dover
Railway rates apply ^ being the Appendix to the
Londonj Chatham and Dover Railway Company* s
Schedule.
The Victoria Station and Pimlico Railway
Company, in respect of the Victoria Station and
Pimlico Railway.
The London, Brighton, and South Coast Rail-
way Company, in respect of the line between
Barrington Road Junction, Brixton, and Cow
Lane Junction, Peckham.
The London, Brighton, and South Coast Rail-
way Company, in respect of the line between the
Norwood Spur Junction and the Norwood Junc-
tion Station, and between the Crystal Palace
Line Junction and the Crystal Palace Station.
The Mid Kent (Bromley to St, Mary Cray)
286
PROVISIONAL ORDERS— SPECIAL PROVISIONS.
Railway Company, in respect of the Mid Kent
(Bromley to St. Mary Cray) Railway.
The South Eastern Railway Company, in
respect of the Dover and Deal Joint Railway.
Allowanoefl.
Different
Boales.
MAXIMUM RATES AND CHAEGES.
In calculating the distance over which any mer-
chandise is conveyed, and for all purposes of rates
and charges, the City Lines Undertaking from
West Street Junction to Earl Street, authorised
by the London, Chatham and Dover Railway
(City Undertaking) Act, 1864, is to be calculated
as two and a half miles; the Victoria Station
and Pimlico Railway, authorised by the Victoria
Station and Pimlico Railway Act, 1858, is to be
calculated as six miles ; the Metropolitan Exten-
sion Line, between Earl Street and Walworth
Road, is to be calculated as six miles ; and the
railway between Wandsworth Road and the junc-
tion with the Victoria Station and Pimlico Rail-
way is to be calculated as six miles.
Where the distance over which merchandise is
conveyed consists in part of a line or lines of
railway to which one scale, and in part of a line
or lines to which another, or more than one other
scale of rates is applicable, the maximum charge
for each such portion of the entire distance shall
be calculated at the maximum rate which, accord-
ing to the scale applicable to such portion, would
be chargeable for the entire distance.
LONDON, CHATHAM AND DOVEB RAILWAY.
287
PAET I.~ Goods and Minerals.
(a) Rates and Terminals in respect of the Merchandise
comprised in Classes A., B.^ and C.
Scale I. — ApplicabiU to wch portions of the Bailway cu are not hereinafter spedaUy
mentioned.
ii
SI
A.
B.
C.
ICixmnii Batu fob Govtbtavoi.
For ConngnmentB, except u otherwjie
prorided in the Bchednle.
For the
flrrt
SO Miles,
or any
part of
such
Distance.
Per Ton
perHUe.
d.
1-60
1*60
1-80
For the
next
80 Miles,
or any
part of
muAi
Distance.
Per Ton
per Mile.
d.
0*96
1-10
1-60
For the
next
60 Miles,
or any
part of
such
Distance.
Per Ton
per Mile.
d,
0-76
0-85
1-20
For the
renuunder
of the
Distance.
Per Ton
per Mile.
d,
0-60
0-70
0-70
Maxikum TsxicnrALS.
Station
Termi-
nal at
each
End.
Per
Ton.
«. d,
3
6
1
Service Terminals.
Per
Ton.
«. d.
3
I
Per
Ton.
«. d.
3
Per
Ton.
d.
8
Per
Ton.
d.
A.
B.
C.
Scale n. — Applicable to the portione of the Railway herein epedally mentioned.
The City lines—
From West Street Juno-
tion with the Metro-
Solitan Railway to Earl
treet, Blackfnars ....
Ill
I
A 3
A.
IB.
ro.
MAximm Ratss vob
COVTBTAVCB.
Fto other Consign-
ments, except as
otherwise proyided
in the Bchednle.
Station
Tenni-
nalat
each
End.
Per Ton per Mile.
d.
1-90
200
2*20
Per
Ton.
s, d.
3
6
1
Maxixuh TsBimrALS.
Benrice OPsnninals.
Per
Ton.
d.
3
Per
Ton.
d.
8
Per
Ton.
d.
Per
Ton.
d.
288
PROVISIONAL ORDERS — SPECIAL PROVISIOKS.
Scale II. — continued*
The Metropolitan Exten-
sion Lines —
From Earl Street to
Penge Junction ; to
Victoria Bridge Junc-
tion ; to Lavender Hill
Junction ; toTulse Hill
Junction ; from Heme
Hill to Brixton ; from
Shepherd* s Lane Junc-
tion to Barring^ij
Boad Junction, Brix-
ton; and from Kun-
head Junction to
Greenwich
The Victoria Station and
Pimlioo Line of the
Victoria Station and
Fimlico Railway CSom-
panv —
From Victoria Station to
the junctions with the
Metropolitan Exten-
sion Lanes of the Lon-
don, Chatham, and
Dover Companv on the
south fdde of tne Vic-
toria Railway Bridge
over the River Thames
The Crystal Palace and
South London Juno
tion line —
From Cow Lane Junction
to the Crystal Palaoe. .
The railway from the Cry-
stal Palace Line Junction
to Shortlands Junction. .
The railway of the Mid
Kent (Bromley to St.
Mary Cray) Railway
Company
>B.
C.
IfAzncuM Rates vob
CONVBTANOB.
For other Conrign-
ments except as
otherwise provided
in the Schedule.
Per Ton
per Mile.
1-90
200
2-20
MaXIMUX TbBXXV AL8.
St&tloii
Termi-
nal at
each
End.
Per
Ton.
«. d.
3
6
1
Service Tenninala.
Per
Ton.
d.
c
Per
Ton.
d.
8
6
Per
Ton.
Per
Ton.
a.
LONDON, CHATHAM, AND DOVER RAILWAY.
289
(b) Rates and Terminals in respect of Merchandise
comprised in Classes 1> 2, 3, 4, and 5.
1.
2.
3.
4.
6.
ICAzmni Ratu fob CosrsTAarcB.
Far CorndgtoDBata, except u ofhenrite
provided in the Schedule.
Forthefint
SO Miles,
or any part
of such
Distanoe.
Per Ton
per Mile.
d,
2-25
2-76
8-10
8-75
4-30
For the next
80 Miles,
or any part
of such
Distance.
Per Ton
per Mile.
d.
1-90
2-36
2-80
8-35
3-90
For the next
60 Miles,
or any part
of rach
Distance.
Per Ton
per Mile.
d.
1-66
2-06
2-60
815
3*80
For the
remainder
of the
Distance.
Per Ton
perMUe.
d.
1-36
1*06
2-10
2-60
2-90
Per
Ton.
«. d,
1 6
1 6
1 6
1 6
1 6
MaXDHTM TlBMIVALt.
Senrioe Terminals.
Per
Ton.
«. d,
6
8
1
1 4
1 8
Per
Ton.
i. d.
6
8
1
1 4
1 8
6
Per
Ton.
d.
1-60
3
Per
Ton.
d,
1-60
2
3
1.
2.
3.
D.
U
290 PROVISIONAL 0BDEB8 — SPECIAL PROVISIONS.
znenfc.
[SS & 56 Yiot. cap. zliz.]
LONDON, TILBURY, AND SOUTHEND
RAILWAY COMPANY.
Short title. [NoTB.— The Froyisional Order applicable to the London, Tilbury,
and Southend BailVay Company, and the other Companies next
mentioned, may be cited as " The Bailway Bates and Charges, No. 1 1
(London, Tilbury, and Southend Bailway, &c.) Order, 1892," and
the Act confirming it as *' The Bailway Bates and Charges, No. 11
(London, TUbury, and Southend Bailway, &o.) Order Confirmation
Act, 1892."
Comineiice- Commencement of the Order 1st January, 1893, or such later date
as the Board of Trade direct.]
MAXIMUM BATES AND CHABGES
APPLICABLE TO THE
London,- Tilbury and Southend Railway Com-
pany,
Burry Port and Gwendraeth Valley Railway
Company,
Colne Valley and Halstead Railway Company,
East and West Junction Railway Company,
Eastern and Midlands Railway Company,
Evesham, Redditch and Stratford-on-Avon
Railway Company,
Felixstowe Railway and Dock Company,
Gwendraeth Valley Railway Company,
King's Lynn Docks and Railway Company,
MelHs and Eye Railway Company,
Northampton and Banbury Junction Railway
Company,
LONDON, HLBURY, AND SOUTHEND RAILWAY.
291
Ramsey and Somersham Junction Railway Company,
Tottenham and Hampstead Junction Railway Company,
and the
Wivenhoe and Brightlingsea Railway Company.
PABT L^QOODS A2VD MiNS&ALS.
MAZunTM Batss fob Covtstaxcb.
For Ooaajgiimente, except m othemiM
proTided in the Saiediile.
For tiie
lint
SOMilM,
or any put
of snm
Distanoe.
B.
C.
1.
2.
3.
4.
6.
Per Ton
per Mile.
d.
116
1-40
1-80
2*20
2-66
3*10
3-60
4*80
For the
nest
SOMOee,
or any pert
of nich
Difltanoe.
Per Ton
perMfle.
d.
0*90
1-06
1-60
1-86
2-30
2-66
3-16
3-70
For the
bwKt
SOlOlea,
or any part
of each
Distance.
Per Ton
per Mile.
d.
0-46
Forjthe
ranainder
of the
Diatance.
Per Ton
per Mile.
d.
0*40
0*80
0-66
1*20
0-70
1*40
1*00
1*80
1*60
200
1*80
2*60
2-20
8*26
2-60
ICaXIMDM TlBMIXALi.
Per
Ton.
«. d.
Berriee Tvmlnali.
Per
Ton,
«. d.
3 —
6
1
1 6
I 6
1 6
1 6
1 6
3
6
8
1
1 4
1 8
g
Per
Ton.
«. d.
3
6
8
1
1 4
1 8
Per
Ton.
d.
1-60
3
Per
Ton.
d.
1*60
2
2
3
4
A.
B.
C.
1.
2.
3.
4.
6.
V2
292
PROVISIONAL ORDERS— SPECIAL PROVISIONS.
Short title.
Commenoe-
ment.
[55 & 6Q Vict. cap. L]
MANCHESTER, SHEFFIELD, AND LIN-
COLNSHIRE RAILWAY COMPANY.
[Note. — The Provisional Order applicable to the Manchester,
Sheffield, and Lincolnshire Bailway Company, and the other Com-
panies next mentioned, may be cited as ** The Eailway Rates and
Charges, No. 12 (Manchester, Sheffield, and Lincolnshire Bailway,
&c.) Order, 1892," and the Act confirming it as '* The Bailway Bates
and Charges, No. 12 (Manchester, Sheffield, and Lincolnshire Bail-
way, &c.) Order Confirmation Act, 1892."
Commencement of the Order 1st January, 1893, or such later
date as the Board of Trade direct]
MAXIMUM BATES AND CHABQES
APPLICABLE TO THE
Manchester, Sheffield, and Lincolnshire Railway
Company,
Liverpool, Southport, and Preston Junction
Railway Company,
Macclesfield Committee,
And also to the folhwing Companies comprised in the
Appendix to the Manchester ^ Sheffield^ and Lin-
colnshire Railway Company* s Schedule.
The Wigan Junction Railways Company, in re-
spect of the Wigan Junction Railways ;
The Great Northern Railway Company, the Man-
chester, Sheffield, and Lincolnshire Railway
Company, and the Midland Railway Com-
pany, in respect of the Cheshire Lines Rail-
ways;
The Great Northern Railway Company, the Man-
chester, Sheffield, and Lincolnshire Railway
MANCHESl'ER, SHEFFIELD, AKD LINCOLNSHIRE RAILWAY. 293
Company, the. Midland Railway Company,
aiid the Southport and Cheshire Lines Exten-
sion Railway Company, in respect of the
Southport and Cheshire Lines Extension
Railway ;
The London and North Western Railway Com-
pany, and the Manchester, Sheffield, and
Lincolnshire Railway Company, in respect of
the Manchester South Junction and Altrin-
cham Railway and the Oldham, Ashton, and
Guide Bridge Junction Railway;
The Manchester, Sheffield, and Lincolnshire Rail-
way Company and the Midland Railway
Company in respect of the Sheffield and
Midland Committee Lines ;
The Great Northern Railway Company and the
Manchester, Sheffield, and Lincolnshire Rail-
way Company, in respect of the West Riding
and Grimsby Railway.
Where the distance over which merchandise is i>ifferent
soales.
conveyed consists in part of a line or lines of the
company to which one scale, and in part of a line
or lines to which another, or more than one other,
scale of rates is applicable, the maximum charge
for each such portion of the entire distance shall be
calculated at the maximum rate which, according
to the scale applicable to such portion, would be
chargeable for the entire distance.
In calculating the distance for the purpose of the AUowanoeB.
maximum charge for conveyance of any merchan-
dise, mineral, animal, or other traffic hereafter men-
tioned, the bridge which carries the railway over
the River Trent, as constructed under the South
294
FBOVISIONAL ORDERS — SPECIAL PROVISIONS.
Yorkshire Railway Amendment Act, 1861, shall be
calculated at a distance of one mile in respect of
Classes A. and B., and in respect of all the other de-
scriptions of traflSc, whatsoever the distance, shall
be calculated as half a mile, and the portion of the
Manchester South Junction and Altrincham Rail-
way between Ordsall Lane and London Road, or
any part thereof, shall be calculated as three miles.
PABT I.— Goods and Minerals.
SoALE I. — Applicahh to the Oldham, Aahton and Ouide Bridge
Junction Bailway, in respect of Merchandise in Class A,
Maxihuv Rats vob Cohteyaxcb.
Maximum Statioh Trrmixal at kach kxd.
Per Ton per Mile.
\'2bd.
Per Ton.
Scale II. — Ayplicable to the Macclesfield Committee in respect of Merchandise
comprised in Classes A. and B.
11
•-J3
i
?J
A.
B.
Maximum Ratbs fob CosrvsTAXCB.
For ConolgiimentB, except ae otherwise
provided in the Efchedule.
For the flnt
SOMUes,
or any
partof amoh
Distance.
Per Ton
per Mile.
d,
116
1-25
For the next
80 Maes,
or any part
of such
Distanoe.
Per Ton
per Mile.
d,
0-90
1-00
For the next
60 Miles,
oranypsit
of such
Distance.
Per Ton
per Mile.
d.
0-46
0-80
For the
remainder
of the
Distance.
Per Ton
per Mile.
d,
0-40
0*50
Per
Ton.
d.
3
6
Maximum Tsbmikalb.
Service Tennisalst
Per
Ton.
d.
n
Per
Ton,
d.
Per
Ton.
d.
8
5
Per
Ton.
d.
A.
B.
MANCHESTER, 8HBFPIELD, AND LIKOOLNSHIRB RAILWAY.
ScALS HL—ApplieahU, tavi a$ htrtinbt/ort tpKialiy nundontd.
1
KAiiam Bmi i
„c»™.
.c.
Kunuii Tnamiu.
1
'-"TSSSTteSST'^
•i
^r.^
i
'
^
li
I
1
I
■
-
Per Ton
pmMile.
Per Ton
pec Mile.
Per Ton
p«Mifc.
Per Ton
p«rMUe.
Per
Ton.
Ton.
Per
Ton.
Per
Ton.
Par
Ton.
A.
d.
100
d.
0-86
d.
O-fiO
d.
0-40
(. d.
«. i.
<r.
4.
k.
B.
1-40
1-00
0-80
0-60
-
-
-
B.
C
180
1-50
1-20
0-70
3
3
1
0.
1.
2-20
1-86
1-40
1-00
S
fi
1-10
1-50
1.
2.
2-es
2-30
1-80
1-60
8
8
2
Z.
3.
MO
2-95
2-00
1-80
1
1
- 2
s.
4.
3-60
316
2-60
2-20
I 4
1 4
3
(.
6.
4-30
3-70
3-3fi
3-60
1 8
1 8
4
s.
296
JPROyiSlONAL ORDERS — SPECIAL FROVISIONB.
Short title.
Commenoe*
ment*
Different
Bo&ies*
[do & 56 Vict. cap. li.]
METROPOLITAN RAILWAY COMPANY.
[Note. — The Proyisional Order applicable to the Metropolitan
Bailway Company may be cited as ** The Railway Bates and Charges,
No. 13 (Metropolitan Bailway, &c.) Order, 1892," and the Act con-
firming it as '* The Bailway Bates and Charges, No. 13 (Metropolitan
Bailway, &c.) Order Confirmation Act, 1892."
Commencement of the Order 1st January, 1893, or such later date
as the Board of Trade direct.]
Companies to which the Metropolitan Railway Com-
panyh Schedule applies^ being the Appendix to
the Metropolitan Railway Company^ s Schedule.
The Great Western Railway Company and the
Metropolitan Railway, in respect of the Hammer-
smith and City Joint Railway ;
The Metropolitan Railway Company and the
Metropolitan District Railway Company, or either
of these companies as the case may be, in respect
of the City Lines and Extensions Railways.
MAXIMUM BATES AND CHABOES.
Where the distance over which merchandise is
conveyed consists in part of a line or lines of the
company to which one scale, and in part of a line
or lines to which another, or more than one other,
scale of rates is applicable, the maximum charge
for each such portion of the entire distance shall
be calculated at the maximum rate which, accord-
ing to the scale applicable to such portion, would
be chargeable for the entire distance.
METROPOLITAN RAILWAY. 297
With regard to the following portions of the AUowanoee.
railway : —
The Metropolitan Inner Circle Railway from
junction with the District Railway at Man-
sion House Station to junction with the Dis-
trict Railway at South Kensington, including
junction with the Great Western Railway at
Bishop's Road ;
From Minories Junction with Inner Circle Line
to Whitechapel Junction with East London
Line, and junction with District Railway
Company's Whitechapel Spur Line ;
The North Curve Junction Line from the Inner
Circle Line, near Aldgate Station, to the
junction with the Extension Line at Aldgate
East Station ;
The junction line with Great Eastern Railway
at Bishopsgate ;
The Metropolitan Railway widened lines from
Moorgate Street Station to junction with
Great Northern and Midland Railways at
King's Cross, and junctions with London,
Chatheun, and Dover Railway at West Street
and Snow HiU ;
The junction line with St. John's Wood Line at
BaJsier Street ;
The company shall, with respect to all merchan-
dise conveyed thereon for any distance greater
than two miles, have power to charge for every
mile or fraction of a mile as for three miles, and
with respect to all merchandise conveyed thereon
for any distance not exceeding two miles, the
company shall have power to charge as for six
298 PROVISIONAL ORDERS — SPECIAL PROVISIONS.
miles, irrespective in either case of the place of
origin or destination of the traffic.
With regard to the following portions of the
railway : —
The railway from Baker Street Station to
Ejuigsbury-Neasden Station, including the
junction line with Midland Railway at
Finchley Road ;
The Hammersmith and City Railway ;
The company shall with respect to all merchan-
dise conveyed thereon for any distance greater
than three miles have power to charge for every
mile or fraction of a mile as for two miles, and
with respect to all merchandise conveyed thereon
for any distance not exceeding three miles the
company shall have power to charge as for six
miles, irrespective in either case of the place of
origin or destination of the traffic.
Provided always, that section 11 of this Schedule
shall not apply to the portions of the railway
hereinbefore mentioned.
PABT I.— Goods and Minerals.
Scale I. — Applicable to th^ following portions of the BaUway : —
The Metropolitan Inner Circle Railway from
junction with the District Railway at Mansion
House Station to junction with the District Rail-
way at South Kensington, including junction with
the Great Western Railway at Bishop's Road.
From Minories Junction with Inner Circle Line
to Whitechapel Junction with East London Line,
METROPOLITAN BAILWAY.
299
and junction with District Railway Company's
Whitechapel Spur Line.
The North Curve Junction Line from the Inner
Circle Line, near Aldgate Station, to the junction
with the Extension Line at Aldgate East Station.
The junction line with Great Eastern Railway
at Bishopsgate.
The Metropolitan Railway widened lines from
Moorgate Street Station to junction with Great
Northern and Midland Railways at King's Cross,
and junctions with London, Chatham, and Dover
Railway at West Street and Snow HilL
The junction line with St. John's Wood Line at
Baker Street.
The railway from Baker Street Station to
Kingsbury-Neasden Station, including the junc-
tion line with Midland Railway at Finchley Road.
The Hammersmith and City Railway.
Scale I.
hi
9i
A.
B.
0.
1.
2.
3.
4.
5.
Mazihum Batss roE
COVTSTAJICB.
"Fot CbDngnznontei
ezoept AB oHierwiM
proyided in the
Schedole.
Per Ton per lOle.
•90
00
■20
-60
'16
310
8-76
4-30
1'
2-
2"
2-
2-
Btation
Tenniiud
•teadi
End.
Per Ton.
a. d,
3
1
1
1
1
1
1
6
6
6
6
6
6
ICAZUfUM TsBIIISALi.
Benrioe Taniiiiials.
Loadlzig.
Per Ton.
a, d.
1
1
1
3
5
8
4
8
Unload-
ing.
Per Ton.
«. d.
1
1
1
3
6
8
4
6
Cowtriog.
Per Ton.
d.
1
1-60
2
2
3
4
UnooTW"
ing.
Per Ton.
d.
1
1-60
2
2
3
4
A.
B.
0.
1.
2.
3.
4.
6.
300
PROVISIONAL ORDERS— SPECIAL PROVISIONS.
Metropolitan 'RaSlwBj—continu&d.
Scale IL — Applicable to all portions of the Railway not herein specially
mentioned.
A.
B.
0.
I.
2.
3.
4.
5.
MAXUffux Ratss fob ComrsTAMCS.
For ConsignTnentB, except as otherwise
provided in the Schedule.
For the
first
SO Miles,
or any
part
of such
Distance.
Per Ton
per Mile.
d,
1*16
1-40
1-80
2-20
2-66
3*10
3-60
4-30
For the
next
80 Miles,
or any
part
of such
Distance.
For the
next
50 Miles,
or any
part
of such*
Distance.
Per Ton
per Mile.
Per Ton
per Mile.
d.
0-90
d.
0-46
1-06
0-80
1-60
1-20
1-86
1-40
2-30
1-80
2*65
2-00
3-16
2-60
8-70
3-26
For the
remainder
of the
Distance.
Per Ton
per MOe.
d,
0-40
0-66
0-70
100
1-60
1-80
2-20
2-60
MAxmuM Tbxmikals.
Station
Termi-
nal at
each
End*
Per
Ton.
8, d.
3
6
1
1 6
1 6
1 6
1 6
1 6
Service Terminals.
Per
Ton.
«. d.
8
6
8
1
1 4
I 8
I
Per
Ton.
«. d.
3
6
8
1
1 4
1 8
Per
Ton.
d.
1-50
8
i3
Per
Ton.
d.
1
1-60
2
B.
0.
I.
2.
8.
MIDLAND RAILWAY. 301
[54 & 55 Vict. cap. oczix.]
MIDLAND RAILWAY COMPANY.
[Note. — ^The Froyiaional Order applicable to the Midland Bail- Short title,
way Company may be cited as *' The Midland Railway Company
(Bates and Charges) Order, 1891," and the Act confirming it as
** The Midland Bailway Company (Bates and Charges) Order Con-
firmation Act, 1891."
Commencement of Order 1st August, 1892, or such later date as Commenoe*
Board of Trade direct. Now postponed to 1st January, 1893.] »^a^t.
Companies to which the Midland Schedule of Bates
appliesj being the Appendix to the Midland
Schedule.
The Great Northern Railway Company in
respect of the following joint railways, viz. : —
Bourn and Lynn Railway and Spalding
Junctions,
Peterborough, Wisbech, and Sutton Bridge
Railway,
Newark Curve,
Railway from Little Bytham to Bourn.
The North Eastern Railway Company in respect
of the Otley and Ilkley and the Swinton and
Klnottingley Joint Railways.
The London and North Western Railway Com-
pany in respect of the Ashby and Nuneaton Joint
Railways.
302 PROVISIONAL ORDERS — SPECIAL PROVISIONS.
The Great Western Railway Company in respect
of the Bristol Port JRaUway and the Halesowen
Railway.
The Halesowen Railway Company in respect
of the Halesowen Railway.
The Fumess Railway Company in respect of
the Fnmess and Midland Joint Railways.
The Kettering, Thrapstone, and Huntingdon
Railway Company in respect of the Kettering,
Thrapstone, and Huntingdon Railway.
The Bamoldswick Railway Company in respect
of the Bamoldswick Railway.
The Cfimnock Chase and Wolverhampton Rail-
way Company in respect of the Cannock Chase
and Wolverhampton Railway.
The Sutton Bridge Dock Company in respect
of the railways forming part of the undertaking.
MIBLAND RAILWAY.
303
MAXIMUM BATES AND CHABGES.
PABT I.— OooDS AVD Mnrs&ALS.
Rates and Terminals in respect of Merchandise comprised
in Classes A., B., C, I9 2> 3, 4, and 5.
.a c
A.
B.
O.
1.
2.
3.
4.
6.
Batb fob Covtstajicb.
Forthefixst
aoHileB,
or any part
of soeh
Diatance.
Per Ton
per Mile.
d.
M6
1-26
1-80
2-20
2-65
8-10
3-60
4-30
For the next
SOMilea,
or any part
of audi
Diatanoe.
Per Ton
per Mile.
d.
0*90
100
1-50
1-85
2-30
2-66
3*16
3*70
For the next
SOMikia,
or any part
of such
Dutanoe.
Per Ton
per Mile.
d.
0-45
0-80
1-20
1-40
1-80
200
2-60
8-25
For the
remainder
of the
Diatanoe.
Per Ton
per Mile.
d.
0-40
0*50
0-70
100
1*60
1*80
2-20
2-ffO
Per
Ton.
a, d,
3
6
1
1 6
1 6
1 6
1 6
1 6
Bebticb TBBimrALa.
I
Per
Ton.
a, d.
3
6
8
1
1 4
1 8
Per
Ton.
a. d.
8
Per
Ton.
d.
Per
Ton.
d.
3
5
8
1
1 4
1 8
1*60
2
2
3
1-50
2
2
B.
1.
2.
3.
4.
5.
Provided that, in respect of the imder-mentioned
railway, the power of the company to charge for
a distance of less than six miles shall have effect
as if the number of miles mentioned hereimder
were substituted for six miles (/): —
Swansea Vale Railway, from Swansea to Bryn-
amman, three miles.
(/) ThiB does not seem to affect the power of the Midland Bail way
Company to charge as for four and a-half milea, where the carriage
takes place between station and priTate siding, or vice verad.
304
PROVISIONAL ORDERS— SPECIAL PROVISIONS.
155 & 56 Vict. cap. lii.]
MIDLAND AND SOUTH WESTERN JUNG-
TION RAILWAY COMPANY.
Short title.
CknmneiiCG*
ment.
[Note. — ^The Provisional Order applicable to the Midland and
South Western Junction Bailway Company and the Companies
next mentioned may be cited as ** The Bailway Bates and Charges,
No. 14 (Midland and South Western Junction Bailway, &c.) Order,
1892/' and the Act confirming it as *<The Bailway Bates and
Charges, No. 14 (Midland and South Western Junction Bailway,
&c.) Order Confirmation Act, 1892."
Commencement of the Order 1st January, 1893, or such later
date as the Board of Trade direct.]
MAXIMUM BATES AND CHABGES
APPLICABLE TO THE
Midland and South Western Junction Eailway
Company,
Golden Valley Railway Company,
Liskeard and Caradon Railway Company,
Liskeard and Looe Union Canal Company,
Manchester and Milford Railway Company,
Neath and Brecon Railway Company,
Redruth and Chasewater Railway Company,
Snailbeach District Railway Company,
Tal-y-Uyn Railway Company,
and the
Wirral Railway Company,
MIDLAND AND SOUTH WESTERN JUNCTION RAILWAY.
305
PAET I.— Goods and Minerals.
Scale I. — Applicable to the LUkeard and Caradon Bailvoay Company ^ and the
Liekeard and Looe Union Canal Company,
In respect of Merchandise comprised in Class A.
MftTimmn TiMfM tar HnrnvAyAnAA.
MftTiimiin Station Tenninal at each end.
Per Ton per Mile.
3d.
Per Ton,
Scale II. — Applicable with the above exception.
§i
5 o
6
g
I'd
.9 .
A.
B.
C.
1.
2.
3.
4.
6.
Haximuii Bates for Convbyakcb.
Far CoDsignmentfl, exoept as otherwiae
inrovided in the Schedule.
For the first
20 Miles,
or any part
of such
Distance.
For the next
dOMUes,
or any part
of such
Distance.
Per Ton
per Mile.
Per Ton
per Mile.
d.
1-60
d.
0-90
1-60
1-20
1-80
1-50
2-20
1-86
2*65
2-30
3-10
2-65
3-60
316
4*30
3-70
Forthenext
60l£ile8,
or any part
of such
Distance.
Per Ton
per MUe.
d.
0*40
0-80
1-20
1-40
1*80
200
2-60
3-26
For the
remainder
of the
Distance.
a
I
Per Ton
per Mile.
d.
0-36
0-60
0-70
100
1-60
1-80
2-20
2-60
I
Per
Ton.
«. d,
3
6
1
1 6
1 6
1 6
1 6
1 6
Maximum TKaxiVALS.
Service Terminals.
Per
Ton.
«. d.
3
•a
Per
Ton.
«. d.
3
6 6
8
1
1 4
1 8
8
1
1 4
1 8
6
Per
Ton.
1-60
Per
Ton.
d.
B.
0.
1-60 1.
2
3
2.
6.
Provided that in respect of the Neath and Brecon Rail-
way, the power of the company to charge for a distance
less tlian six miles shall have effect as if four miles were
substituted for six.
D.
306
PROVISIONAL ORDKRS — SPECIAL PROVISIONS.
Short title.
Gommenoe-
me&t.
DifPeront
scales.
[55 & 56 Vict. cap. liii.]
NORTH EASTERN RAILWAY COMPANY(a).
[Note.— The Provisional Order applicable to the North Eastern
Eailway Company and the Companies next mentioned may be cited
as ** The Bailway Bates and Charges, No. 15 (North Eastern Rail-
way, &c.) Order, 1892," and the Act confirming it as ** The Eailway
Bates and Charges, No. 15 (North Eastern Eailway, &c.) Order
Confirmation Act, 1892."
Commencement of the Order 1st January, 1893, or such later
date as the Board of Trade direct.]
MAXIMUM BATES AND CHABGES
APPLICABLE TO THE
North Eastern Railway Company,
Forcett Railway Company,
Great North of England, Clarence and Hartle-
pool Junction Railway Company,
Scarborough, Bridlington, and West Riding
Junction Railway Company,
Scarborough and Whitby Railway Company,
and the
Marquis of Londonderry in respect of the Lon-
donderry (Seaham to Sunderland) Railway.
Where the distance over which merchandise is
conveyed consists in part of a line or lines of the
(a) The Qeneral Conditionfi applicahle to the Korth Eastern Bailway are
similar not to the English bat to the Sootch Bailways, and these will be
found, post, p. 336. The maximum rates for animals, however, are the
same as the English companies, see p. 208.
NORTH EASTERN RAILWAY. 307
company to which one scale, and in part of a line
or lines to which another or more than one other
scale, of rates is applicable, the maximum charge
for each such portion of the entire distance shall
be calculated at the maximum rate which, accord-
ing to the scale applicable to such portion, would
be chargeable for the entire distance.
1 . In respect of the railways in Middlesbrough ^^^"
in the county of York, formerly known as the Owners'
Middlesbrough Owners' Railways, and referred
to in section 18 of the North Eastern Railway
Act, 1884, the North Eastern Railway Company
shall, in substitution for the rates and charges
authorised by this schedule, only be authorised to
demand and receive amounts not exceeding the
rates and charges which they are authorised to
charge under the proyisions of the said last-
mentioned Act.
Sect. 18 of the North Eastern Bailway Act, 1884, empowers the
company to acquire the Middlesbrough Owners' Bailways, and
proceeds — " The company may demand, receive, and take for or in
respect of the said railways, when acquired by them, and for or in
respect of all services rendered upon or in connexion therewith,
such reasonable tolls, rates, and charges, as they may from time to
time appoint, not exceeding the tolls, rates, and charges levied or
charged for the use of the said railways, or for any such services
respectively by the owners of the said railways at the time of the
acquisition thereof by the company.
** Notwithstanding anything in this Act contained, all corpora-
tions, companies, or persons, now entitled to any rights of user or
other rights or privileges on, over, or in respect of the said railways,
shall continue to be entitled to the same rights and privileges to the
same extent and subject to the same terms and conditions, and for
the same periods as they respectively would have been entitled
thereto if this Act had not been passed."
The section contains other provisions not affecting the carriage
of goods.
x2
808 PROVISIONAL ORDERS — ^SPECIAL PROVISIONS.
cie^i^^'^ 2. Notwithstanding anything in this Order
Beotion. Contained, the North Eastern Railway Company
shall not be entitled to demand or receive for the
conveyance of ironstone on the Cleveland section
of the railway any rates exceeding the following,
namely: — For any distance not exceeding four
miles, 6d. per ton, and for distances upwards of
four miles, l^d. per ton per mile. Provided that
the said expression, ^^ Cleveland section of the
railway" means and includes the following por-
tions of the railway, namely : —
(1) Hutton Junction to Whitby.
(2) Saltbum to Priestcroft Junction.
(3) Hutton Junction to the Normanby Jetty,
on the River Tees.
Saving. 3. Nothing in this Order contained shall repeal
or affect section 38 of the Cleveland Railway Act,
1858, or section 20 of the Stockton and Darlington
Railway Act, 1859, or section 20 of the North
Eastern Railway Company's (Additional Powers)
Act, 1882.
These sections, so far as material, are as follows : —
Cleveland Bailway Act, 1858 (21 & 22 Vict. cap. cziv.).
Sect. 38. — **FroYided always, that for all passengers, minerals,
and other articles or traffic respectively conyeyed on the railway
first described " (t.e. from Cook's Ground, GKdsbroiigh to the Hall,
Skinningroye) ** between the terminus of that railway in the i>arish
of Lofthonse, or any part of the said railway within one mile of
such terminus and the junction with the Middlesbrough and Ghiis-
brough Bailway, the company shall demand the tolls and charges
by this Act prescribed as for eight miles and a half only ; and with
respect to all such minerals, passengers, and other articles or traffic,
NORTH EASTERN RAILWAY. 309
conyeyed on the railway, and also on any collateral branch railway
from liyerton to a junction with the railway at or near to Skin-
ningroTe, those tolls and charges shall include all charges by the
company for the working of that junction, and for all services per-
formed by them with respect to all such passengers, minerals, and
other articles respectiyely conyeyed on that collateral branch
railway."
Stockton aitd Dablxngton Railway Act, 1859 (22 & 23 Vict.
cap. cxxyii.).
Sect. 20. — '*With respect to all ironstone or iron ore passing
along the Guisbrough branch of the company's railway or any part
thereof which shall be conyeyed on the said branch, or the com-
pany's railway, for shipment at Middlesbrough in any craft or
vessel on the Biver Tees, or in the company's dock, the company
shall not demand or receive for the same a toll exceeding one penny
farthing per ton for each mile travelled, and the toll to be so
received shall include the charges of the company for carriages and
looomotive power, and the toll to be demanded for shipment of the
ironstone or iron ore shall not exceed twopence half -penny per
ton."
North Eastern Railway Company's Additional Powers Act,
1882 (45 Vict. cap. 1.).
Sect. 20 empowers the company to abandon and sell *' That por-
tion of their Cleveland Railway in the townships of Normanby,
Upsall, and Guisbrough, and parishes of Eston, Ormsby, and Guis-
brough, in the North Riding of the county of York, which lies
between a point about 350 yards south of Messieurs Boll Brothers,
Limited, Normanby Mines Spouts, and a point about 140 yards
east of the bridge carrying the Cleveland Railway over the com-
pany's Middlesbrough and Guisbrough Railway, except so much of
the said portion as extends for a distance of about 100 yards in a
westerly direction and for a distance of about 150 yards in an
easterly direction from the junction therewith of the Chaloner
Branch." And proceeds —
** After such abandonment the company shall not be entitled to
demand or charge in respect of any articles, matters, or things,
carried by them to or from any works <}r mines situated on, or
which might have been connected with the said portion of the
Cleveland Railway if the same had not been abandoned, or any
portion of that railway eastward thereof, tolls, rates, or charges, as
310 PROVISIONAL ORDERS — SPECIAL PROVISIONS.
for a greater distance than tlie distance for whicli they would have
been entitled to demand or charge tolls, rates, or charges, in case
such articles, matters, or things had been carried oyer the aban-
doned portion of the railway.
^ork Cattle 4, YoT the Conveyance of merchandise on the
Branch. Railway No. 1, authorised by the North Eastern
Railway Company's (New Lines) Act, 1874(a),
and known as the York Cattle Market Branch, the
North Eastern Railway Company may, in addition
to the rates and charges authorised by this sche-
dule, demand and receive the special or additional
rates and charges which they are authorised to
charge under the provisions of the said last-men-
tioned Act.
These additional rates and charges are as follows : — 0. d.
For live stock traffic of all descriptions, per waggon - 1 6
For coal, coke, lime, and materials for the repair of
public roads, per ton or any fractional part of a ton - 4
For traffic of every description, per ton or any fractional
part of a ton - - - - - - - -09
Special rate. 6. For the Conveyance of merchandise conveyed
over any of the following short branch railways,
namely: — The Newcastle Quayside Branch, the
Spital Dock (Tweedmouth) Branch, and the Tad-
caster (Ingleby's Mill) Branch, the North Eastern
Railway Company may demand and receive in
substitution for the rates authorised by this sche-
dule the simi of 6d. per ton.
Provided that if the company make the charges
authorised by section 10 of this schedule in respect
{a) 37 & 38 Vict. cap. cy. sect. 20.
KORTH EASTERN RAILWAY. 311
of tra£Sc arising or terminating on the Newcastle
Quayside Branch Railway, they shall not demand
and receive the sum of 6d. per ton or any part of
such sum authorised by this Order for the con-
veyance of merchandise conveyed over the said
branch, but the said branch shall for the purpose
of reckoning such short distance be considered as
part of the railway, and the rates for conveyance
prescribed by Part I., Scale I. shall apply thereto.
9ect. 10 of the North Eastern schedule (see poet, p. 359) is the
section authorizing a charge as for 6 miles, 4^, or 3 miles, as the
case may be, on short distance traffic. It corresponds with sect. 11
of the other English schedules.
6. In calculating the distances over which any Allowances,
merchandise is conveyed and for all purposes of
rates and charges :—
The High Level Bridge over the Eiver Tyne
at Newcastle-on-Tyne is to be calculated
as ----- - Similes.
The bridge over the River Tyne at Scots-
wood 3 miles.
The Shildon Tunnel as - - 1^ mile.
And in the case of any inclined plane not
worked by an ordinary locomotive engine—
A distance equal to the length of such in-
clined plane shall be added to it.
312
PROVISIONAL ORDERS — SPECIAL PROVISIONS.
PAET I.— Goods and Minerals.
(a) Rates and Terminals in respect of Merchandise com-
prised in Classes A., B., and C.
Scale I. — Applicable except as otherwiBe herein provided.
I
I
8S
Maxiicuu Ratbb Foa Cohtktancb.
For Oonsigxunents, except as ofiherwiae
provided in the Schedule.
A.
B.
0.
For the
first
10 Miles,
or any jMurt
of such
Distanoe.
Per Ton
per Mile.
d,
1-76
1-90
200
For the
next
10 Miles,
or any part
of such
Distance.
Per Ton
per Mile.
d.
1-26
1-26
1-76
For tiie
next
16 Miles,
or any part
of such
Distance.
Per Ton
per Mile.
d,
0-76
1-00
1-60
For the
remainder
of the
Distanoe.
Maxikum Tkrhikals.
Per Ton
per Mile.
d.
0-60
at
H
'■§1
QQ
Per
Ton.
9, d.
8
0-76 6
1-26 ' 1
Service TacminalB.
Per
Ton.
«. d.
S
I
Per
Ton.
«. d.
3
Ton.
d.
I
Per Per
Ton.
d.
A.
B.
0.
Scale II. — Applicable in respect of Coal for Shipment conveyed on
any part of the North Eastern Bailway other than the Blyth
and Tyne Section,
Kaximux Ratkb VOB CoirVXTAKOB.
For ConaignxnentB, except as otherwise provided in tiie Scbednle.
For the first 6 Miles, or any
part of snch Distanoe.
For the next 8 Miles, or any
part of such Distance.
For the remainder of
the Distance.
Per Ton per Mile.
d.
1-60
Per Ton per Mile.
d,
100
Per Ton per Mile.
d.
0-76
NORTH EASTERN RAILWAY.
313
Scale m. — Applicable in reaped of Coal for Shipment conveyed on
the Blyth and Tyne Section of the North Eastern Railway,
HAXiMm Ratbs fob Coxtstaxcb.
For Ooikrigiiinente, except as othenrjae jwoyided in the Schedule.
Eor the flnt 4 Hiles, or any part of
■uoh Distance.
Per Ton.
d.
400
Per Ton per Mile.
d,
100
The term " the Blyth and Tyne Section " of the BiyA and
Railway as used in this part of this Schedule
includes the portion of the North Eastern Rail-
way situated east of the portions of the main line
between Heaton Junction and Longhirst Station
(except the railways from Heaton Junction to
Monkseaton, via Percy Main and Tynemouth), and
also includes the portion of the North Eastern Rail-
way from Newcastle (New Bridge Street Station)
to Backworth Station.
(b) Rates and Terminals in respect of Merchandise com-
prised in Classes 1, 2, 3, 4, and 5.
1.
2.
3.
4.
6.
liAXimni Ratbs fob CoiiTBYAircB.
For ConeiflrnmeDtB. except as otherwise
provided in ttie Schedule.
For the flnt
ao Milee,
or any part
of such
Distance.
Per Ton
per Mile,
rf.
2-20
2-66
310
3-60
4-30
For the next For the next
aOHUee,
or any part
of such
Distance.
Per Ton
per Mile.
d.
1-85
2-30
2-65
315
3-70
60 Miles,
or any part
of such
Distance.
Per Ton
per Mile.
d.
1
1
2
2
3
40
80
00
50
25
For the
remainder
of the
Distance.
Per Ton
perMUe.
d.
100
1-50
1-80
2-20
2-50
Per
Ton.
». d.
1
1
6
6
1 6
1 6
1 6
Haximdv Tbbmixals.
Service Terminals.
60
Per
Ton.
». d.
5
8
1
1 4
1 8
•a
Per
Ton.
9. d.
5
1
1
1
8
4
8
I
Per
Ton.
d,
1-50
2
2
3
4
I
Per
Ton.
d.
1-50
2
2
3
4
1.
2.
3.
4.
6.
814
PROVISIONAL ORDERS — SPECIAL PROVISIONS,
[55 & 56 Vict. cap. Kv.]
NORTH LONDON RAILWAY.
Short title.
Commenoe*
ment.
[Note. — The Provisional Order applicable to the North London
Bail way Company may be cited as * ' The Bail way Bates and Charges,
No. 16 (North London Eailway) Order, 1892," and the Act confirm-
ing it as " The Bail way Bates and Charges, No. 16 (North London
Bailway) Order Confirmation Act, 1892."
Commencement of the Order Ist January, 1893, or such later
date as the Board of Trade direct.]
MAXIMUM BATES AND OHABGES
APPLICABLE TO THE
North London Railway Company.
PABT I. — Goods and Muteeals.
U
S3'
A.
B.
0.
1.
2.
3.
4.
6.
Maximum
Batbb fob
ooxybyaiiob.
ForCoDsign-
ments,
except as otheiv
^nrise provided
in the
Schedule.
Per Ton
per Mile.
1-90
2-20
2-40
2-70
300
8-25
3-76
4-30
Station
Tennioal
at
each End.
Per Ton.
«. d.
3
6
1
1 6
1 6
1 6
1 6
1 6
Maximum TsBMrvALs.
I/Mtding.
Per Ton.
«. d.
3
6
8
1
1 4
1 8
Service Terminals.
Un-
loading.
Per Ton.
8. d.
3
6
8
1
1 4
1 8
CoTering.
Per Ton.
1
1-60
2
2
3
4
Un-
oovetiDg.
Per Ton.
d.
1
1-60
2
2
8
4
A.
B.
C.
1.
2.
3.
4.
6.
KOKTH STAFFORDSHIRE RAILWAY. 316
[55 & 56 Vict. cap. Iv.]
NORTH STAFFORDSHIRE RAILWAY
COMPANY.
[Note.— The Proviaional Ordor applicable to the North Stafford- Short title,
shire Bail way Company may be cited as ** The Ilailway Rates and
Charges, No. 17 (North Staffordshire Eailway, &c.) Order, 1892," and
the Act confirming it as '* The Railway Rates and Charges, No. 17
(North Staffordshire Railway, &c.) Order Confirmation Act, 1892."
Commencement of this Order Ist January, 1893, or such later Gommenoe-
date as the Board of Trade direct.] meat.
Companies to which the North Staffordshire Railway
Company^ s Schedule applies^ being the Appendix
to the North Staffordshire Railway Company^ s
Schedule.
Longton, Adderley Green, and Bucknall Rail-
way.
Cheadle Railway.
Silverdale and Newcastle Railway.
Mr. Sneyd's Railway.
MAXIMUM BATES AND CHARGES.
Provided alwa3^s, that nothing in this Order
contained shall repeal or vary the provisions of
the twenty-eighth section of the North Stafford-
shire Railway Act, 1879.
Sect. 28 of the North Staffordshire Railway Act, 1879 (42 & 43
Vict. cap. OCT.) provides — ** With respect to traffic of all descrip-
tions to or from the collieries or works of the Now North Stafford-
shire Coal and Iron Company, Limited, all tolls, rates, and charges,
whether for local traffic or for through traffic passing over the
railways of the company and over the railways of any other com-
pany shall be chargeable, and in the case of through traffic shall
be divisible, as between the companies entitled thereto, as if Mr.
Bneyd's railway from the point of junction with the New North
Staffordshire Coal and Iron Company's private line to the junction
with the company's main line at Chatterley were four miles in
length."
316
PROVISIONAL ORDERS— SPECIAL PROVISIONS.
PAET I. — Goods and Minerals.
II
1
»
"S
11
as
ll
n
A.
B.
C.
Maxixum Ratbs fob Coktbtakcb.
For ConsifmmentB, except as otherwise
provided in the Schedule.
For the
first
10 Miles,
or any part
of such
Distance.
For the
next
lOMUes,
or any part
of such
Distance.
For the
next
10 Miles,
or any part
of such
Distance.
Per Ton
Per Ton
Per Ton
per Mile.
per Mile.
per Mile.
d.
d.
d.
1-76
1-25
0-76
2-00
1-60
1-10
210
1-76
1-50
For the
remainder
of the
Distance.
Maxxxuk Tbbmhtals.
^
Per Ton
per Mile.
d.
0-50
0-76
1-26
Per
Ton.
«. d.
3
6
1
Service Tenninals.
Per
Ton.
t. d.
3
I
Per
Ton.
«. d.
Per
Ton.
d.
8
Per
Tod.
d.
A.
B.
0.
Siding to Provided that notwithstanding anything con-
" ^ °* tained in this schedule and in the North Stafford-
shire Railway Act, 1847, the company shall not
make for the conveyance over any part of the
railway of merchandise in Classes A. and B. in
owners' trucks from owners' siding to owners'
siding, when the merchandise is tendered to the
company in consignments of not less than fifty
tons at one and the same time, and from one
consignor to one consignee, a higher charge than
one penny farthing per ton per mile, with a
minimum charge of ninepence per ton :
Provided also, that if the gross rate per ton
involves a fraction of a penny the fraction, if less
than one halfpenny, shall not be charged, and, if
one halfpenny or more, shall be charged as a
penny :
Fraction of a
penny.
NORTH STAFFORDSHIRE RAILWAY.
317
Provided also, that this clause shall apply only where
both sidings are on or adjoin the railway.
PABT I. — Goods and Minerals — continued.
"I
>4
8B
Haximcv Ratss vob Ck>inrBTAX0i.
Haximum Tkbmihals.
For GonrignmenU, rzoept m otharwiae
provided in the Schedule.
1.
2.
8.
4.
6.
For the
flnt
aoMUee,
or any part
of anch
Distance.
Per Ton
per Mile.
d.
2-20
2-65
310
8-60
4-30
For the
Df>Xt
SO Miles,
or any part
of such
Difltanoe.
Pep Ton
per Mile.
d.
1-85
2-30
2-66
3-16
8-70
For the
npxt
60 Miles,
or any part
of such
Distance.
Per Ton
per Mile.
d,
1-40
1-80
2-00
2-60
3-25
For the ^J
remaindt-r g ^
of the O"??
Distance. «
i I
Per Ton Per
per Mile. Ton.
d,
100
1-60
1-80
2-20
«. d.
1 6
1 6
1 6
1 6
2-50 1 6
Serrice Tenninals.
Per
Ton.
s. d.
6
8
1
1 4
1 8
-a
Per
Ton.
s. d.
6
8
1
1 4
1 8
Per
Ton.
d.
1-60
2
8
Per
Ton.
d.
1-60
3
318 PROVISIONAL OKDEKS — SPECIAL PROVISIONB.
[54 & 55 Vict. cap. ccxx.]
SOUTH EASTERN RAILWAY.
Short title. [NoTE. — ^The Provisional Order applicable to the South Eastern
Bailway Compfimy may be cited as *' The South Eastern Bailway
CompfiUtty (Eates and Charges) Order, 1891,** and the Act confirming
it as *' The South Eastern Eailway Company (Eates and Charges)
Order Confirmation Act, 1891.**
Commence- Commencement of Order 1st of August, 1892, or sucb later date
ment. j^g the Board of Trade direct. Now postponed to Ist January, 1893.]
Companies to which the South Eastern Railway rates
apply y being the Appendix to the South Eastern
Railway Company^ Schedule.
The London and Greenwich Railway Com-
pany, in respect of the London and Greenwich
Railway.
The Angerstein's Branch Railway Company,
in respect of the Angerstein's Branch Railway.
The Elham Valley Railway Company, in re-
spect of the Elham Valley Railway.
The Lydd Railway Company, in respect of the
Lydd Railway.
The Lydd Railway Company, in respect of the
Lydd Railway Extension.
The London, Brighton, and South Coast Rail-
way Company, in respect of the railway from
a junction with the Greenwich Railway to
Coulsdon.
The London, Brighton, and South Coast Rail-
SOUTH EASTERN RAILWAY. 819
way Company, in respect of the Woodside and •
Croydon Joint Railway.
The London, Chatham, and Dover Railway
Company, in respect of the Dover and Deal Joint
Railway.
The London and South Western Railway Com-
pany, in respect of the portion of the London and
South Western Railway from the junction near
Shalf ord to Ash.
The London and South Western Railway Com-
pany, in respect of the portion of the London and
South Western Railway from the junction near
Ash to Aldershot Town Station.
The London, Chatham, and Dover Railway
Company, in respect of the portion of the London,
Chatham, and Dover Railway between Buckland
Junction and Dover.
MAXIMUM BATES AND CHAEGES.
Where the distance over which merchandise is Different
conveyed consists in part of a line or lines of the
company to which one scale, and in part of a line or
lines to which another or more than one other scale,
of rates is applicable, the maximum charge for each
portion of the entire distance shall be calculated
at the maximmn rate which, according to the scale
applicable to such portion, would be chargeable
for the entire distance.
PROVISIONAL ORDERS — SPECIAL PROVISIONS.
PAET I,— Goods aj(d Minebam.
(a) Rates and Terminals in respect of Merchandise
comprised in Classes A., B., and C.
t not herHnafUr tpeeialli/
i
1
lUlIiniM E.TM TO. COST.T.1IM.
Miiimni TUMiiAU.
' E'diBS^Bdiile.
SerrtoeTenulDaliL
Fortha
*)Mil«,
For the
DubuiM.
End.
ing.'
iw"-
i^
A.
Per Ton
per Mile.
150
Per Ton
perMilB.
0-95
Per Ton
per Mile.
075
Per Ton
perMUe.
0-ao
Per
Ton.
*. d.
3
Per
Ton.
Per
Ton.
«. rf.
Par
Ton.
d.
Pet
Ton.
d.
A.
B.
1-60
1-10
0-S(
0-70
6
-
-
-
-
B.
0.
ISO
l-SO
1-20
0-70
1
3
3
I
1
C.
Scale II.—Applieabk to the port
onso/
the Railwayi
herein
Ipeci
«,VtJ
itnd'o
ed.
Miximm
KxTIt TO>
.u_.,.„..„.
1
ForConiJffi,-
prgvided^
ttsBohednle.
p
BerrloeTermfiiala.
1
J
1 J
A.
■ B.
0.
Per Ton
per Mile.
d.
1-eo
2-00
2-20
Per
Ton.
1. d.
3
6
1
Per
Ton.
i.
3
Per
Ton.
d.
3
North Kent Junction to Duiford . .
Lewkham to Dartford
Levuham to ChislehuTBt
Grove Park to Bromlej
Korth Kent Junction to Charlton,
TiaOreenwioh
CharinrCrow, Blankfrinrs Junction.
and CHDDon Street to North Kent
CanterbntyandWhitatabie Eailway
Ton.
d.
1
Ton.
d.
1
' [■ plued here u it » apptui In tb« Ai
It 1>, hnnTa, an obiiooa
80I7TH BAflTBRN RAILWAY.
321
(b) Rates and Terminals in respect of Classes 1, 2, 3, 4, and 5.
§'8
I
^9
1.
2.
3.
4.
6.
Maximttv Batss fob CosrrsTAXci.
For Owwignmnntot ezoepi as othenrite
prorided in the Siohednle.
Fbrthe
flxst
90 Miles,
or any
part of
raeh
IHitanoe.
Per Ton
per Mile.
d,
2-25
2-76
8*10
3-76
4-30
For the
next
SOMUea,
For the
next
fiOMUes,
or any
part of
such
Distance.
Per Ton
or any
partof
sneh
Distance.
Per Ton
per Mile.
d.
per Mile.
d.
1-90
1-65
2-35
206
2-80
2*60
3*36
815
8-90
3*80
For the
remainder
of the
Distance.
Per Ton
per Mile.
d,
1*35
1-66
2-10
2*60
2-90
Maxivuic Tskmimals.
station
Termi-
nal at
each
End.
Per
Ton.
«. d.
1 6
1 6
1 6
1 6
1 6
Berrlce Terminals.
Per
Ton.
«. d,
6
8
1
1 4
1 8
Per
Ton.
«. d.
6
8
1
1 4
1 8
Per
Ton.
d.
1-60
2
Per
Ton.
d.
1-60
2
2
3
4
1.
2.
3.
4.
5.
D.
322
PROVISIONAL ORDERS — SPSaAL PROVISIONS.
[65 & 56 Vict. cap. Ivi.]
TAFF VALE RAILWAY COMPANY.
Short title.
Commence-
ment.
[Note.— The Provisional Order applicable to the Taff Yale Hail-
way Company and the Companies next mentioned may be cited as
*< The Railway Bates and Charges, No. 18 (Taff Yale Bailway, &c.)
Order, 1892," and the Act confirming it as '*The Bailway Bates
and Charges, No. 18 (Taff Yale Bailway, &c.) Order Confirmation
Act, 1892."
Commencement of this Order 1st January, 1893, or such later
date as the Board of Trade direct.]
MAXIMUM BATES AND CHABGES
APPLICABLE TO THE
Ta£E Vale Railway Company,
Aberdare Railway Company,
Alexandra (Newport and South Wales) Docks
and Railway Company,
Barry Railway Company,
Great Western Railway Company and Rhymney
Railway Company Joint Railways,
Great Western Railway Company and TaflE Vale
Railway Company Joint Railway,
Mersey Railway Company,
Penarth Extension Railway Company,
Penarth Harbour, Dock, and Railway Com-
pany,
Rliondda and Swansea Bay Railway Company,
Rhymney Railway Company.
TAFK VALE RAILWAY.
Where the distance over which merchandise is
conveyed consists in part of a line or lines of the
company to which one scale, and in part of a line
or lines to which another, or more than one other,
scale of rates is applicable, the maximmn charge
for each such portion of the entire distance shall
be calculated at the maximum rate which, accord-
ing to the scale applicable to such portion, would
be chargeable for the entire distance.
As regards the Great Western Railway Com-
pany and the Rhymney Railway Company Joint
Railways, nothing contained in this Act shall
repeal, affect, or prejudice the eiiactments con-
tained in the provisoes to section 22 of the Great
Western Railway (Various Powers) Act, 1867, or
the proyiflions ^th regard to tolk and chafes
contained in section 30 of the Great Western
Railway Act, 1872, or section 47 of the Great
Western Railway Act, 1873.
The sectionB here mentioned have been set out in considering the
Ghreat Western Bailway Company's schedule, ante, p. 256. In effect
they authorised a charge of {ths of a penny per ton per mile on coal
and Id. on coke+a four mile short distance charge.
In respect of coal conveyed on the Barry Rail-
way the maximum rate shall not, inclusive of
provision of trucks, exceed the rates provided for
by section 73 of the Barry Dock and Railway
Act, 1884(a).
These rates are as follows : — '* For coals (conyeyed on the railway
for a distance not exceeding 14 miles) one penny per ton per mile,
for coals (conyeyed on the railway for a distance exceeding 14
miles) three-fourths of one penny per ton per mile.
(a) 47 & 48 Vict. cap. odyii.
y2
323
324
PBOVISIONAL ORDEBS — SPECIAL PROVISIONS.
In calculating the distance over which any
merchandise is conveyed and for all purposes of
rates and charges the Rhondda Tunnel on the
Rhondda and Swansea Bay Railway is to be cal-
culated as four miles.
Nothing in this Order contained shall repeal,
alter or vary any of the enactments contained in
any Act relating to the Bute Docks, Cardiff, as to
charges for services to be performed, or accommo-
dation to be provided by, the Taff Vale Railway
Company or the Rhymney Railway Company
with respect to traffic at those docks.
In calculating the distance over which any
merchandise is conveyed, and for all purposes of
rates and charges, the Mersey Railway Tunnel
under the River Mersey between Liverpool and
Birkenhead is to be calculated as five miles.
PABT I.— Gk)ODs Ain) Minerals.
Rates and Terminals in respect of Merchandise comprised
in Classes A. and B.
SoALB I. — Applicable to tJiefolhwing Bailways : —
Railways Owned, Leaaed, or Worked Ij
1. The Taff Vale Railway Gompaiiy
2. The Aberdare Railway Gompaiiy
3. The Great Weetem Hallway
Company and Rhymney Rail-
way Company jointly.
4. The Great Western RaUwar
Company and Taff Vale Rail-
way Company jointly.
5. The Penarth Extension Railway
Company, the Penarth Harbonr,
Dock, and Railway Company.
6. The Rhymney Railway Company
MaTimnm Rata for
ConTeyanoe.
Per Ton per Mile.
MaTlmwin Station
Terminal at each End.
Per Ton.
CLAaaA.
d.
J
Goal - 0-875
All other artidea in
Class A., the mazi-
mmn rates and charges
set out in Scale 3.
Class B.
The maTimnm rates and charges set out in
Scales.
d.
3
TAFF VALB RAILWAT, 325
Provided that, in respect of the railways to
which scale 1 is applicable, and in respect to the
Barry Eailway, section 11 shall not apply to
merchandise comprised in Classes A. and B., but
instead thereof the companies shall, with respect
to merchandise comprised in Classes A. and B.
conveyed for a less distance than four miles, have
power to charge as for four miles and no more,
irrespective of the place of origin or destination
of the traffic.
Rates and Terminals in respect of Merchandise
comprised in Class A.
Scale U.—Applicahle to ihe Alexandra {Newport and South Waks)
Bock$ and BaUway Company.
Ma-gJTnTun Bate for CoaTeyanoe.
Pef Ton per Mile.
d,
0-876
MairiiniiTn Station Teiminal at each End.
Per Ton.
d,
8
Provided that, notwithstanding anything in
this Order, the Alexandra (Newport and South
Wales) Docks and Railway Company shall, with
respect to any merchandise of any class conveyed
for a less distance than one mile and a half, have
power to charge as for one mile and a half and
no more, irrespective of the place of origin or
destination of the traffic.
326
PAO VISIONAL ORDERS^ SPECIAL PBOVISIOKS.
Rates and Terminals in respect of Merchandise comprised
in Classes A., B., C, 1, 2, 3, 4, 5.
Scale HI. — Applicable save as hereinhe/ore specially mentioned.
A.
B.
0.
1.
2.
3.
4.
5.
MAziMcm Batbs fob Goxtxtavcb.
For CondgnmeiitB, except m otherwiae
provided In the Bohednle.
For the
flzst
aOMQea,
or any
part
of each
Diatanoe.
For the
next
aOMilea,
or any
part
of such
Distance.
For the
next
SOMilea,
or any
part
of such
Distanoe.
Per Ton
per Mile.
Per Ton
per Mile.
Per Ton
per Mile.
d,
0*95
d,
0-85
d.
0-60
1-25
100
0-80
1-80
1-60
1-20
2-20
1*85
1*40
2-65
2*30
1-80
310
2-66
2*00
3-60
816
2-60
4-30
3-70
3-25
For the
remainder
of the
Distance.
Per Ton
per Mile.
d,
0-40
0-50
0-70
100
1-60
1-80
2-20
2 50
Maximum Tbbmikals.
Station
Tenni-
nalat
each
End.
Per
Ton.
«. d.
3
6
1
1 6
1 6
1 6
1 6
1 6
Service Tenninali.
Per
Ton.
«. d.
3
6
8
1
1 4
1 8
a • %
Per
Ton.
«. d.
3
5
Per
Ton.
d.
1
1*60
8 2
1
1 4 3
18 4
Per
Ton.
d.
I
1*60
2
2
3
4
A.
B.
0.
1.
2.
3.
4.
6.
( 327 )
IBISH BAILWAYS.
[55 & 56 Yict cap. bdy.]
ATHENRY & ENNIS JUNCTION RAILWAY.
[Note. — The ProTisioiial Order applicable to the Atiienry and Short title.
EnniB Junction Bailway Company and the Companies next men-
tioned may be cited as « The Bailway Bates and Charges, No. 26
(Athenry and Ennis Junction Bailway, &c.) Order, 1892," and the
Act conjQrming it as *'The Bailway Bates and Charges, No. 26
(Athenry and Ennis Junction Bailway, &c.) Order Confirmation Act,
1892."]
MAXIMUM BATES AND CHABGES
AFPLIGABUfi TO THE
Athenry and Ennis Junction Railway Com-
pany,
Athenry and Tuam Railway Company,
Ballina and Killala Railway Company,
Ballinascarthy and Timoleague Jimction Light
Railway Company,
Ballinrobe and Claremorris Railway Company,
Ballycastle Railway Company,
Baltimore Extension Railway Company,
Belfast and County Down Railway Company,
Belfast and Northern Counties Railway Com-
pany,
328 proyisio!nal orders.
Bessbrook and Newry Tramway Company,
Carrickf ergus Harbour Junction Eailway Com-
pany,
Castlederg and Victoria Bridge Tramway Com-
pany,
Cavan, Leitrim, and Eoscommon light Railway
and Tramway Company,
Clara and Banagher Railway Company,
Claremorris and CoUooney Railway Company,
Clonakilty Extension Railway Company,
Clogher Valley Tramway Company,
Cork and Macroom Direct Railway Company,
Cork and Muskerry Light Railway Company,
Cork, Bandon, and South Coa^t Railway Com-
pany,
Cork, Blackrock, and Passage Railway Com-
pany,
Derry Central Railway Company,
Downpatrick, Elillough, and Ardglass Railway
Company,
Draperstown Railway Company ,
Dublin and Eangstown Railway Company,
Dublin and Lucan Steam Tramway Company,
Dublin, Wicklow, and Wexford Railway Com-
pany,
Dundalk, Newry, and Greenore Railway Com-
pany,
Enniskillen, Bundoran, and Sligo Railway
Company,
IRISU RAILWAYS. 829
Fermoy and lismore Eailway Company,
Finn Valley Railway Company,
Great Northern Railway (Ireland) Company,.
Great Southern and Western Railway Com-
pany,
Hen Valley Railway Company,
Kanturk and Newmarket Railway Company,
Kilkenny Junction Railway Company,
Letterkenny Railway Company,
limavady and Dungiven Railway Company,
Limerick and Kerry Railway Company,
Listowel and Ballybunion Railway Company,
London and North Western Railway Company
(Irish Lines),
Londonderry and Lough Swilly Railway Com-
pany,
Loughrea and Attymon Light Railway Com-
pany,
Mitchelstown and Fermoy Light Railway Com-
pany,
Midland Great Western Railway of Ireland
Company,
Rathkeale and Newcastle Junction Railway
Company,
Sligo, Leitrim, and Northern Counties Railway
Company,
Southern Railway Company,
Timoleague and Courtmacsherry Extension
Light Railway Company,
330 PROVISIONAL ORDERS.
Tralee and Dingle Light Railway or Tramway
Company,
Tralee and Fenit Railway Company,
Tuam and Claremorris Riailway Company,
Waterford and Central Ireland Railway Com-
pany,
Waterf ord and Limerick Railway Company,
Waterford and Tramore Railway Company,
Waterford and Wexford Railway Company,
Waterford, Dungarvan and Lismore Kailway
Company,
West Carbery Tramways and Light Railways
Company,
West Clare Railway Company,
West Donegal Railway Company,
The Cork, Bandon, and South Coast Railway
Company, in respect of the extension to Bantry
Bay,
The Great Southern and Western Railway Com-
Sany, in respect of the Headf ord and Kenmare
lailway, and the West Kerry, Killorgin, and
Valentia Railway, and
The Midland Great Western Railway of
Ireland Company, in respect of the Ballina to
Killala Railway ; the Gal way to Clifden Rail-
way ; and the Westport to Mallarany Railway,
and any extension railway to Achill.
GENEEAL CONDITIONS.
FNoTE. — ^The general conditions contained in the schedule applic-
able to the Irish railways are the same as those of the London and
North- Western Bailway Company and other English railways, with
the following exceptions : — (a) In clanse 22, dealing with returned
empties, a fourth sub-clause, applicable to Brewers' returned
empties, is added, (b) Clause 28 is absent, there being no appendix
to me Athenry and Ennis Junction Railway Company's sdiedule.]
Clauses 1 to 21^ inclusive, see antey pp. 182 to
202.
Clause 22 is the same as the London and North
IBISH RAILWAYS. 331
Western Railway Company and English rail-
ways, antey p. 202, with the following addition at
the end of the proviso : —
(4) Brewers' returned empties shall not be
charged more than the following rates : —
Per owt.
For any distance not exceeding 25 miles 3d.
For any distance exceeding 25 miles, but
not exceeding 50 miles ... ^d.
For any distance exceeding 50 miles, but
not exceeding 100 miles - - - 7rf.
For any distance exceeding 100 miles,
but not exceeding 160 miles - - 7*b0d.
For any distance exceeding 150 miles,
but not exceeding 200 mues - - 9ef.
For any distance exceeding 200 miles,
but not exceeding 250 mUes - - lOd.
For any distance exceeding 250 miles - Is.
The minimum weight to be 56 lbs., with a
minimum charge of 3d.
Clauses 23 to 27, inclusive, are the same as those
so numbered in the case of the English railways,
see antey p. 204.
There is no clause 28, the schedule having no
appendix.
SPECIAL PEOVISIONS.
MAXJMUM SATES AND GHABGES.
In respect of merchandise conveyed over any
portion of the railways authorised by the Belfast
Central Acts, 1864 to 1877 inclusive, destined for
332
PROVISIONAL ORDERS — SPECIAL PROVISIONS.
or arriving from stations on or beyond the said
railways, the Great Northern Railway (Ireland)
Company shall be entitled to make a fixed charge
as for a separate journey of six miles over and
above the charges herein authorised to be made.
In calculating the distance over which any
merchandise is conveyed, and for all purposes of
rates and charges, the City of Dublin Junction
Railway authorised by the City of Dublin Junction
Railways Act, 1884, is to be calculated as eight
miles : —
PABT I.— GK)ODS AND MnTERALS.
^1
a
A.
B.
0.
1.
2.
8.
4.
6.
\S .
Mazimux Ratbs roB Coxtbtascb.
For ConnigTiTnwitB, eonept m ofherwiae
provided in the Sdiednle.
Fortheflnt
80 Miles,
or any port
of such
Difltanoe.
Per Ton
per Mile.
d,
1-40
1-60
1*95
2-40
2-70
8*10
3*66
4-30
Fortfaenezt
SOMileB,
or any port
of soch
Diatanoe.
Per Ton
per Mile.
d.
0-90
M6
1-60
205
2*30
2-76
3-80
3-90
For the next
fiOMileB,
or any part
of Buch
Distance.
Per Ton
per Mile.
d.
0-70
0*80
1-20
1-86
2-00
2-45
306
8-80
For the
remainder
of the
Distance.
Per Ton
per Mile.
d.
0-50
0*56
0-70
1*46
1-55
2*05
2*40
800
Per
Ton.
«. d,
3
6
1
1 6
1 6
1 6
Xaxixuii Tbbwkals.
Serrioe Tenninals.
Per
Ton.
«. d.
3
5
8
16 10
1 4
16 18
Per
Ton.
«. d.
3
5
8
1
1 4
1 8
Per
Ton.
d.
1
1-50
2
2
3
4
5
Per
Ton.
1
1-50
2
2
8
4
B.
0.
1.
2.
3.
4.
6.
1
IRISH RAILWAYS,
333
PABT n.— Animal Class.
DBacupnoM.
1. For erery hone, mult, or
other beast of draught or
burden • •
2. For eyerr ox, oow, bull, or
head of neat cattle
3. For every calf not exceed-
ing 12 montha old, pig,
aheep, lamb, or other smidl
animal
4. For every animal of the
seyeral classes above enu-
merated conveyed in a
separate carriage by direc-
tion of the consignor or
from necessity • • • . .
5. For any truck of not lees
than 13 feet 2 inches, and
not exceeding 16 feet 2
inches in leng^ inside
measurement, containing
any consignment by the
same person of such num-
ber of oxen, cows, neat
cattle, calves, sheep, goats,
or pigs as may reasonably
be carried therein
6. For any truck exceeding 15
feet 2 inches, and not ex-
ceeding 16 feet in length
inside measurement, con-
taining any consignment
by the same person of such
number of oxen, cows,
neat cattle, calves, sheep,
g^ts, or pig^s, as may rea-
sonably be carried therein .
Rati voa Gowvstavcs na
MiLB.
8
0-76
6
S
d.
2
0-76
6
6
d,
1-65
1-30
0*40
6
6-20
6-20
d.
1-66
1-30
0-36 2
6
SiRVICS
Tbbmixala.
4*60
«. d.
6
4
6*60
1 6
1
«. d.
4
3
1-60
1
6
1 00 9
«. d.
4
8
«. d.
2 6
2 6
1-50
2 6
1
6
6
5
9
5
334 PROVISIONAL ORDERS— IRISH RAILWAYS.
The terminal charges, other than those payable
under paragraph 4, on animals sent by the same
person at a rate calculated per head, and carried
in the same truck, shall in no cause exceed the
terminal charges per truck.
Where the company is required to cleanse, and
does cleanse, trucks under the provisions of any
Order in Council, or duly authorised regulation
of any department of State, they may make a
charge not exceeding Is. per truck in addition to
the charges herein authorised.
PABT in.— Oabbiaoes.
FABT IV.— Exceptional Class.
PABTY. —Perishable M£BCHAin)i8E BT Passenoeb Train.
PABT VI.— Small Parcels bt Merchandise Train.
These proyisions are the same as in the case of the English railways,
see antey pp. 209 — 216.
The Classification of Merchandise Traffic is also the same, see
p. 365.
( 335 )
SCOTCH RAILWAYS.
In the case of the Scotch Railways the Act of CJonfiming
Parliament confirming the Provisional Order of
the Board of Trade is similar to that applying to
the English companies. See antey p. 179.
The Provisional Order of the Board of Trade Pirovwtonai
is also similar. See ante^ p. 181.
The schedule of Maximum Rates and Charges, Schedule.
however, differs slightly from that of the English
companies. For instance, in the General Con-
ditions the provisions for the carriage of goods in
owners' waggons are not the same, clause 2 of the
Conditions in the English schedules being con-
siderably modified, and clause 9 absent altogether.
As this causes similar clauses to be differently
numbered, the General Conditions contained in
the Scotch schedules are printed here separately ;
for comments on the clauses the reader is referred
to the similar clauses in the schedules of the
English companies. Parts III. to VI. inclusive
are similar to the English schedules, and for them
the reader is referred back to pp. 209 — 215, and
the classification is also similar for both Scotch
and English companies, and will be found poaty
p. 365.
[Note. — ^The General Conditions of the North Eastern Bailway
are similar to those of the Scotch and not of the English railways.]
336
PROV. ORDERS — SCOTCH— GENERAL CONDITIONS.
Scheduk of Maximum Rates and CliargeSj and Classification
of Merchandise Traffic applicable to the [Caledonian]
Railtcay Company and certain other Railway Companies
connected theretvith.
Maximum
oonyejaDce
rate.
Maximum
station
terminal.
I. — "Kaxuhju Bates and Chaboes.
1. This schedule of maximum rates and charges shall be
divided into six parts : Part I., containing the maximum rates
and charges authorised in respect of the merchandise com-
prised in the several classes of merchandise specified in the
classification; Part II. and Part 111., containing the maximum
rates and charges authorised in respect of animals" and car-
riages as therein mentioned ; Part lY., specifying the excep-
tional charges mentioned in such part, and the circumstances
in which they may be made ; Part Y., containing the rates
and charges authorised in respect of perishable merchandise
by passenger train, with the provisions and regulations which
are to apply to such class of merchandise ; and Part YI., con-
taining the rates and charges authorised in respect of small
parcels by merchandise train with the provisions and regula-
tions which are to apply to such parcels.
2. The maximum rate for conveyance is the maximum rate
which the company may charge for the conveyance of mer-
chandise by merchandise train, and includes the provision of
locomotive power and trucks by the company, and every other
expense incidental to such conveyance not otherwise herein
provided for. Provided that where, for the conveyance of
any merchandise, the company do not provide trucks, the rate
authorised for conveyance shall be reduced by a sum which
shall, in case of difference between the company and the per-
son liable to pay the charge, be determined by an arbitrator
appointed by the Board of Trade.
This clause differs from clause 2 of the General Conditions of the
English companies. The provision of trucks for merchandise in
class A. being in the case of the Scotch companies included in the
conveyance rate.
3. The maximum station terminal is the maximum charge
which the company may make to a trader for the use of the
SCOTCH RAILWAYS. 337
accommodatioix (exduaiye of coal drops) proyided, and for the
duties undertaken by the company, for which no other provi-
sion is made in this schedule, at the terminal station for or in
dealing with merchandise, as carriers thereof, before or after
conveyance.
4. The maximum service terminals are the maximum Maximum
charges which the company may make to a trader for the Jf!^?f_i
following services, when rendered to or for a trader, that is
to say, loading, unloading, covering, and uncovering mer-
chandise, which charges shall, in respect of each service, be
deemed to include all charges for the provision by the
company of labour, machinery, plant, stores, and sheets.
Provided that —
Where merchandise conveyed in a separate truck is loaded
or imloaded elsewhere than in a shed or building of the
company, the company may not charge to a trader any
service terminal for the performance by the company of
any of the said services if the trader has requested the
company to allow him to perform the service for himself
and the company have unreasonably refused to allow him
to do so. Any dispute between a trader and the company
in reference to any service terminal charged to a trader
who is not allowed by the company to perform for himself
the service, shall be determined by the Board of Trade.
5. The company may charge for the services hereunder Special
mentioned, or any of them, when rendered to a trader at his ■^^"**
request or for his convenience, a reasonable sum, by way of
addition to the tonnage rate. Any difference arising under
this section shall be determined by an arbitrator to be ap-
pointed by the Board of Trade at the instance of either party.
Provided that where before any service is rendered to a trader
he has given notice in writing to the company that he does
not require it, the service shall not be deemed to have been
rendered at the trader's request or for his convenience.
(i.) Services rendered by the company at or in connexion
with sidings not belonging to the company,
(ii.) The collection or delivery of merchandise outside the
terminal station,
(iii.) Weighing merchandise.
338
PROVISIONAL ORDERS — GEKERAL CONDITIONS.
Detention of
trucks by
oompany.
Siding rent.
(iv.) The detention of tracks, or the use or occupation of
any accommodation, before or after conveyance,
beyond such period as shall be reasonably necessary
' for enabling the company to deal with the merchan-
dise as carriers thereof, or the consignor or consignee
to give or take delivery thereof ; or, in cases in which
the merchandise is consigned to an address other
than the terminal station beyond a reasonable period
from the time when notice has been delivered at such
address that the merchandise has arrived at the
terminal station for delivery. And services rendered
in connexion with such use and occupation.
(v.) Loading or unloading, covering or imcovering, mer-
chandise comprised in Glass A. or Glass B. of the
classification.
(vi.) The use of coal drops.
(vii.) The provision by the company of accommodation at a
waterside wharf, and special services rendered thereat
by the company in respect of loading or unloading
merchandise into or out of vessels or barges where no
special charge is prescribed by any Act of Parliament.
Provided that charges under this sub-section shall
for the purposes of sub-section (3) of section 33 of
the Eailway and Ganal Traffic Act, 1888, be deemed
to be dock charges.
6. Where merchandise is conveyed in trucks not belonging
to the company the trader shall be entitled to recover from the
company a reasonable sum by way of demurrage for any
detention of his trucks beyond a reasonable period, either by
the company or by any other company over whose railway the
trucks have been conveyed under a through rate or contract.
Any difference arising under this section shall be determined
by an arbitrator to be appointed by the Board of Trade at the
instance of either party.
7. Nothing herein contained shall prevent the company
from making and receiving, in addition to the charges speci-
fied ia this schedule, charges and payments, by way of rent
or otherwise, for sidings or other structural accommodation
provided, or to be provided, for the private use of traders, and
SCOTCH RAILWAYS. 339
not required by the company for dealing with the traffic for
the purposes of conveyance, provided that the amount of such
charges or payments is fixed by an agreement, in writing,
signed by the trader, or by some person duly authonsed on his
behalf, or determined in case of difference by an arbitrator to
be appointed by the Board of Trade.
8. In respect of merchandise received from or delivered to TranBhip-
another railway company having a railway of a different gauge, ™^*'
the company may make a reasonable charge for any service of
transhipment performed by them, the amount of such charge
to be determined in case of difference by an arbitrator to be
appointed by the Board of Trade.
n. — Fbovisions as to Fixnro Bates akd Chabges.
9. In calculating the distance along the railway for the Tenninal
purpose of the maximum charge for conveyance of any mer- station not
chandise, the company shall not include any portion of their distanoe.
railway which may, in respect of that merchandise, be the
subject of a charge for station terminal.
The cases in which a company are authorisod to charge as for a
special mileage for a certain portion of their route will be found
collected in the table, p. 464. This clause corresponds to clause 10
of the English schedules.
10. Where merchandise is conveyed for an entire distance Short dis-
which does not exceed in the case of merchandise in respect *"^^*
of which a station terminal is chargeable at each end of the
transit three miles, or in the case of merchandise in respect of
which a station terminal is chargeable at one end of the transit
four and a half miles, or in the case of merchandise in respect
of which no station terminal is chargeable six miles, the com-
pany may make the charges for conveyance authorised by this
schedule as for three miles, four and a half miles, and six miles
respectively. Provided that where merchandise is conveyed
by the company partly on the railway and partly on the rail-
way of any other company the railway and the railway of such
other company shall, for the purpose of reckoning such short
distance, be considered as one railway.
This corresponds to clause 11 of the English schedules.
z2
340
PROVISIONAL ORDERS — GENERAL CONDITIONS.
Minifmim
load.
FractioDB of a
ton.
Fraction of a
mile.
Fraction of a
penny.
Weight.
Stone.
Timber.
11. For any quantity of merchandise less thAn a truck load
which the company either receive or deliver in one truck, on,
or at a siding not belonging to the company, or which, from
the circumstances in which the merchandise is tendered, or the
nature of the merche^ndise, the company are obliged or required
to carry in one truck, the company may charge as for a reason-
able minimum load, having regard to the nature of the mer-
chandise.
This corresponds to clause 12 of the English schedules.
12. Where a consignment by merchandise train is over
three hundredweight and under five tons in weight, a fraction
of a quarter of a hundredweight may be charged for as a
quarter of a hundredweight; and where a consignment by
merchandise train is over five tons in weight, a fraction of a
quarter of a ton may be charged for as a quarter of a ton.
This and the following clauses correspond to clauses 13 to 28 of
the English schedules.
13. For a fraction of a mile the company may charge ac-
cording to the number of quarters of a mile in that fraction,
and a fraction of a quarter of a mile may be charged for as a
quarter of a mile.
14. For a fraction of a penny in the gross amount of rates
and charges for any consignment for the entire distance
carried, the company may demand a penny.
15. Weight (except as to stone and timber when charged
by measurement) shall be determined according to the imperial
avoirdupois weight.
16. All stone shall be charged at actual weight, when the
weight can be conveniently ascertained. When the actual
weight of stone in blocks cannot be conveniently ascertained,
14 cubic feet of stone in blocks may be charged for as one
ton, and smaller quantities may be charged for in the like
proportion.
17. When timber is consigned by measurement weight, 40
cubic feet of oak, mahogany, teak, beech, g^eenheart, ash,
elm, hickory, ironwood, baywood, or other heavy timber, and
50 cubic feet of poplar, larch, fir, or other Hght timber other
than deals, battens, and boards, and 66 cubic feet of deals,
battens, and boards, may be charged for as one ton, and
SCOTCH RAILWAYS.
841
smaller quantities may be charged for in the like proportion.
The cubic contents of timber consigned by measurement weight
shall be ascertained by the most accurate mode of measurement
in use for the time being.
18. Articles sent in large aggregate quantities, although Paroels.
made up of separate parcels, such as bags of sugar, coffee,
and the like, shall not be deemed to be small parcels.
in. — MlSOELLAKEOTTS.
19. In respect of any merchandise or article of any descrip- Artides not
tion which is not specified in the classification, the company SwaiAMiticm.
may, unless and until such merchandise or article is duly added
to this classification and schedule pursuant to sub-section eleven
of section twenty-four of the Bailway and Canal Traffic Act,
1888, make the charges which are by this schedule authorised
in respect of merchandise and things in Class 3.
20. Nothing herein contained shall affect the right of the SaTing as to
company to make any charges which they are authorised by ^°°^ chargee.
any Act of Parliament to make in respect of any accommoda-
tion or services provided or rendered by the company at or in
connection with docks or shipping places.
21. In respect of returned empties, if from the same station Betorned
and consignee to which and to whom they were carried full to ®™P ^'
the same station and consignor from which and from whom
they were carried f uU, the company may charge the following
rates inclusive of station and service terminals : —
per cwt.
For any distance not exceeding 25 miles - . 3d.
For any distance exceeding 25 miles, but not ex-
ceeding 50 miles ------ 4d.
For any distance exceeding 50 miles, but not ex-
ceeding 100 miles Sd,
For each additional 50 miles or part of 50 miles - 8e/.
The TninimiiTn weight to be 56 lbs., with a minimum
charge of 3d.
Provided that —
(1) Eetumed empty sacks and bags shall not be charged
more than half the above rates with a minimum charge
of 4(f.
342
PBOnsIOXAL OSDBS9— GEXESAL OD!n>inOKS.
Traden*
empty tmckB.
Running
powers.
ArbitraiionB.
(2.) Eetnmed empty carboys or crates pother tkan glaaa
mannla eiur er B' crates and crates takei^ to pieces and
so packed) may be charged doable the abore rates.
(3.) Betumed empty fish packages shall not be charged
more than the following rates : —
per cwt.
For any distance not exceeding 50 miles - - 4J.
For any distance exceeding 50 mileSy bat not
exceeding 100 miles - - - - - 5d.
For any distance exceeding 100 milesy bat not
exceeding 150 miles ..... 7<f.
For any distance exceeding 150 mileSy bat not
exceeding 200 miles . . - - - 8i/.
For any distance exceeding 200 miles, bat not
exceeding 250 miles - . • - - 9<^.
For any distance exceeding 250 miles, bat not
exceeding 300 miles .... - lOi^.
For any distance exceeding 300 miles - ^ lid.
The minimnni weight to be 56 lbs., with a minimam
charge of 4d»
22. Where merchandise is conveyed in a trader's track,
the company shall not make any charge in respect of the
return of the truck empty, provided that the truck is retumed
empty from the consignee and station or siding to whom and
to which it was consigned loaded direct to the consignor and
station or siding from whom and whence it was so consigned,
and where a trader forwards an empty truck to any station or
siding for the purpose of being loaded with merchandise the
company shaU make no charge in respect of the forwarding of
such empty truck, provided the truck is retumed to them
loaded for conveyance direct to the consignor and station or
siding from whom and whence it was so forwarded.
23. Any railway company (other than the company) convey-
ing merchandise on the railway, or performing any of the
services for which rates or charges are authorised by this
schedule, shall be entitled to charge and make the same rates
and charges as the company are by this schedule authorised to
make.
24. The Board of Trade Arbitrations, &c. Act, 1874, shall,
BO far as applicable, apply to every determination of a differ-
BOOTCH RAILWAYS. 843
ence or question by arbitration under the provisions herein
contained.
25. In this schedule, unless the context otherwise requires — Definitions.
The term *' the company " means a railway company
to which this schedule applies ;
The term '' the railway " means any railway or steam
tramway over which the company conveys merchan-
dise, and in respect of which no maximum rates and
charges other than those authorised in this schedule
are, for the time being, authorised by Parliament ;
The term " merchandise " includes goods, cattle, live
stock, and animals of all descriptions ;
The term '* the classification '* means the classification
of goods annexed to this schedule ;
The term '' trader" includes any person sending or receiv-
ing, or desiring to send merchandise by the railway ;
The term *^ terminal station " means a station or place
upon the railway at which a consignment of mer-
chandise is loaded or unloaded before or after con-
veyance on the railway, but does not include any
station or junction at which the merchandise in
respect of which any terminal is charged has been
exchanged with, handed over to, or received from
any other railway company, or a junction between
the railway and a siding let by or not belonging to
the company, or in respect of merchandise passing to
or from such siding any station with which such
siding may be connected, or any dock or shipping
place the charges for the use of which are regulated
by Act of Parliament.
The term ** siding " includes branch railways not be-
longing to a railway company.
The term " person " includes a company or body cor-
porate.
26. The foregoing provisions shall, so far as applicable, PeriahabloBby
apply to merchandise when conveyed by passenger train under E^!^^®'
Part V. ; but, save as aforesaid and so far as is provided by
Part v., nothing herein contained shall apply to the convey-
ance of merchandise by passenger train, or to tho charges
which the company may make therefor.
27. This schedule shall apply to the Caledonian Bailway Application.
FEOTISIONAL ORDERS — OENERAL OOKDITIONS.
Company and the other companies mentioned in the Appendix
hereto bo far as relates to the railways therein specified.
This clause 27 doee not occur in the schedules of the Callander
and Oban Bailwa]- Company, the City of Glaegow Union Biulway
Company, or the Highland Bailway Company; iheae companiea'
schedulee containing no Appendix.
MAXIMUM BATES AND CHAEGES.
PAET L— Goods and MnraBALs.
The maximum rates for goods and miuerals
vary in the case of each railway company, and
these will be found, together with any special con-
ditions applicable in each case, under the name of
the particular railway company(a) on the succeed-
ing pages 346 to 364.
PART n.— Akimal Class.
1. For e
>i draught or burden . .
2. For every ox. cow, bull, or head
of neat cattle
3. For every calf not exceeding
12 montliH old, pig, aheep,
4. For every animal of the several
claaacfl above enoineratod con-
Teyed in a Henaj
by direction
or from neoeBaity
C. For escb tmck oontainuig any
conmgmnent by the game per-
son of mch nnmber of oxen,
cows, Dcat cattle, oalves, sheep,
goats, or pig«, aa may reason-
ably be carried in a truck of
16 feet 6 inchea in length in-
Bate for Com«;BiiDS
il
•do
not oodur in the acbedale of the Ci^ of OUsgov
SCOTCH RAILWAYS.
The terminal charges, other than those payable
under paragraph 4 on animals sent by the same
person at a rate calculated per head, and carried
in the same truck, shall in no case exceed the
terminal charges per truck.
Where the company is required to cleanse, and
does cleanse, trucks under the provision of any
Order in Council, or duly authorised regulation
of any department of State, they may make a
charge not exceeding Is. per truck in addition to
the charges herein authorised.
PABT m.-^OABBIAGES.
PAET IV.— Exceptional CHAiiass.
PABT v.— Pekibhables bt Passekoeb Tbain.
PAET VI.— Small Pakcels.
These are Biinilar to those applicable to the English railways, and
will be found ante, pp. 209 — 216.
Classification of TraffiCi see po9t, pp. 366 and 406.
345
346 PROVISIONAL ORDERS — SPECIAL PROVISIONS.
SPECIAL PEOVISIONS.
[65 & 56 Vict. cap. Ivii.]
CALEDONIAN RAILWAY COMPANY.
Short title. [Note. — ^The Provisional Order applicable to the Caledonian Bail-
way Company may be cited as ** The Bailway Bates and Charges,
No. 19 (Caledonian Bailway, &c.) Order, 1892," and the Act con-
firming it as <' The Bailway Bates and Charges, No. 19 (Caledonian
Bailway, &c.) Order Confirmation Act, 1892."
Commenoe- Commencement of the Order 1st January, 1893, or such later
°^^*- date as the Board of Trade direct]
Companies to which the Caledonian Railway Com-
pany^ a schedule applieSj being the Appendix to
the Caledonian Railway Company* s schedule.
The Arbroath and Forfar Railway Company,
in respect of the Arbroath and Forfar Railway,
The Cathcart District Railway Company, in
respect of the Cathcart District Railway,
The Dundee and Newtyle Railway Company,
in respect of the Dundee and Newtyle Railway,
The Greenock and Wemyss Bay Railway Com-
pany, in respect of the Greenock and Wemyss
Bay Railway,
The Klillin Railway Company, in respect of the
Killin Railway,
The Lanarkshire and Ayrshire Railway Com-
pany, in respect of the Lanarkshire and Ayrshire
Railway,
The Solway Junction Railway Company, in
respect of the Solway Junction Railway,
The London and North-Western Railway Com-
pany, the Midland Railway Company, the Cale-
SCOTCH RAILWAYS— CALEDONIAN. 347
donian Railway Company, and the Glasgow and
South Western Railway Company, in respect of
the Portpatrick and Wigtownshire Joint Railway,
The Carlisle Station Lines,
The Caledonian Railway Company and the
Glasgow and South Western Railway Company,
in respect of the following joint railways :
The Glasgow and Paisley Joint Railway,
The Glasgow, Barrhead, and Kilmarnock
Joint Railway,
The Caledonian and the North British Railway
Companies, in respect of the Dimdee and Arbroath
Joint Railway.
MAXIMUM RATES AND CHAEGES.
In calculating the distance over which any
merchandise is conveyed, and for all purposes of
rates and charges, the bridge crossing the River
Forth at Alloa is to be^ calculated as 2 miles 24
chains.
Where the distance over which merchandise is
conveyed consists in part of a line or lines of the
company to which one scale and in part of a line
or lines to which another or more than one other
scale of rates is applicable, the maximum charge
for each such portion of the entire distance shall
be calculated at the maximum rate which, accord-
ing to the scale applicable to such portion, would
be chargeable for the entire distance.
Nothing in this Order shall prejudice or affect
the provisions and obligations contained in sec-
348
PROVISIONAL ORDERS — SPECIAL PROVISIONS,
tion 49 of the Caledonian and Scottish Central
Railways Amalgamation Act, 1865, section 53 of
the Caledonian and Glasgow and South- Western
Railway (Kilmarnock Joint Line) Act, 1869, and
section 41 of the Caledonian Railway (Further
Powers) Act, 1882.
These sections refer to the carriage of dung and city manure for
public authorities at low rates. They will be found set out at length
in Appendix 0, post, p. 465.
For the purposes of Scale IV. the distance be-
tween Edinburgh and Glasgow shall be taken as
42 miles, and the distance between Leith or
Granton on the one hand and Glasgow on the
other hand shall be taken as 45 miles.
PAET I. — Goods Aim Mineealb.
Rates and Terminals in respect of Merchandise
comprised in Classes A., B., and C.
SoAiiE I. — Applicable except as otherwise herein provided*
I
A.
B.
C.
M^xziiuM Bates vob Goktxtancs.
For CoiiBigimients, except as otherwiBe
prorided in the Schedule.
For the
flrat
10 MUee,
or any part
of such
Distance.
Per Ton
per Mile.
d.
1-75
200
2-25
For the
next
10 MUes,
or any part
of such
Distance.
Per Ton
per Mile.
d.
1-25
1-25
1-76
For the
next
16 Miles,
or any part
of such
Distance.
Per Ton
per Mile.
d,
0-76
100
1-50
For the
remainder
of the
Distance.
Per Ton
per Mile.
d.
0-60
0-76
1-26
Maximum TisMiirALs.
Per
Ton.
t. d.
3
6
1
Servioe Tenninak.
Per
Ton.
t. d.
3
Per
Ton.
t. d.
8
Per
Ton.
d.
00
f
Per
Ton.
d.
A.
B.
O.
SCOTCH RAILWAYS— CALEDONIAN.
349
Rates and Terminals in respect of Merchandise
comprised in Class A.
ScAUS U. — Applicable to the Baxlwaya herein epeciaUy mentioned.
Kailways goyemed hy the Alloa Bail way Act/
1879
Bailwajt goyemed hy the Wigtownahire Rail-
way Act, 1872
BailwajB goyemed by the Moffatt Railway Act,
1881
Boss Junction and Glaagow, vid Blantyre, and>
vid Ck>atbridge and Gartsherrie, including
Whifflet Junction line
Motherwell Junction and Hamiltoni JunctioD,
including Bothwell branch
Moflsend and Fulwood Junctions and Uddingston
Junction %
Coatbridge and WhiiHet Junctions and Ruther-
glen Junction, including Drumfeller and Tan-
nochside branches
Strathayen and Blantyre Junctions and Glasgow, ^
vid Busby ,
Dalmamock East and West Junctions, and Ger-
miston High and Liow Junctions
Glasgow Central Railway and Toll Cross and
Newton Extension line
Hamilton Hill Railway, Glasgow
Blackston Junction and Glasgow, including Lin-
wood, Cartside, and Gk)yan bnuiches
Cathcart District Railway • /
Bates for
CoDTej-
aaoe.
Per Ton
per Mile.
d.
1-60
2-25
Station
Teiminal
ateMch
End.
Per Ton.
d.
3
3
350
PROVISIONAL ORDERS — SPECIAL PROVISIONS.
Rates and Terminals in respect of Merchandise
comprised in Classes C, 1, 2, 3^ 4, and 5.
Scale m. — Applicable eoccepi as otherwise herein provided.
I.
2.
3.
4.
6.
Maxhcuv Batks fob Comrvrkxcn,
"Far ConaigDznenta, except as otherwise
provided in the »ihediile.
For the
first
20 Miles,
or any
part
oisach
Distance.
Per Ton
per Mile.
d,
2-25
2*66
310
3-60
4-30
For the
next
80 Miles,
or any
part of
BOOh
Distance.
Per Ton
per Mile.
d.
1-85
2-30
2-66
315
3-70
For the
next
60 Miles,
or any
"paxtoi
snch
Distance.
Per Ton
per Mile.
d.
1-40
1-80
200
2-60
3-25
For the
remainder
of the
Distance.
Per Ton
per Mile.
d.
100
1-60
1-80
2-20
2-50
MA.XI1CU1I Tbbmivals.
station
Termi-
nal at
End.
Per
Ton,
s, d,
1 6
1 6
1 6
1 6
1 6
Service Tenninab.
Per
Ton.
8. d.
5
8
1
1 4
1 8
Per
Ton.
s. d,
5
8
1
1 4
1 8
Per
Ton.
d,
1-50
3
I
Per
Ton.
d.
1-60
2
2
3
1.
2.
3.
4.
6.
Scale IV. — Applicable to the conveyance of Merchandise between the following
places^ viz,, Edinhv/rgh, Leith, or Oranton, on the 07ie hand, and Glasgow on
the other hand.
0.
1.
2.
3.
4.
6.
MAximm Ratbb vob
CONVBTAirOB.
For Consignments, except as
otherwise provided in the
Scnednle.
Per Ton per Mile.
d.
1
1
1-
r
2'
2"
40
60
90
90
00
25
Maxixuk Tbbiokals.
station
Terminal
ateadi
End.
Per Ton.
8, d.
1
1
1
1
1
1 6
Service Terminals.
Per Ton.
«. d,
3
1
1
1
5
8
4
8
Per Ton.
«. d,
3
1
1
1
5
8
4
8
Per Ton.
d,
1
1-60
2
2
3
4
I
Per Ton.
d,
1
1-60
2
2
3
4
1.
2.
8.
4.
6.
SCOTCH RAILWAYS.
351
[55 & 56 Vict. cap. Iviii.]
CALLANDER AND OBAN RAILWAY
COMPANY.
[NoTS. — The ProTifiioiial Order applicable to the Callander and Short title.
Oban Bailway Company may be cited as ** The Sailway Bates and
Charges, No. 20 (Callander and Oban Bailway) Order, 1892/' and
the Act confirming it as '* The Bailway Bates and Charges, No. 20
(Callander and Oban Bailway) Order Confirmation Act, 1692."
Commencement of Order Ist January, 1893, or such later date Gonunence*
as Board of Trade direct.] ™«^*-
MAXBIUM BATES AND CHABGES.
PABT I.— Goods Aim MnnsiiAiiS.
4
Ml
^1
A.
B.
C.
I.
2.
8.
4.
5.
MAxmuic Batsb vob CoirTSTAircv.
Far CoDflignmeiitfl, exoept as otherwise
provided in the Sohedtile.
Forthefliat
ao Miles,
ataafpaxt
of snoh
Distance.
Per Ton
per Mile.
d.
200
2-00
2-26
2-60
2-76
310
8-76
4-80
For the next
ao Miles,
or anyiMot
of such
Distance.
Per Ton
per Mile.
d.
1-60
1-60
1-76
1-90
2'36
2-80
8-36
3-90
For the
remainder
of the
Distance.
Per Ton
per Mile.
d.
0-76
0*86
1-20
1-65
206
2-50
815
8-80
MaXXJCUK TSBMIKALS.
Station
Terminal
at each
End.
Per
Ton.
8, d,
8
6
1
1 6
1 6
1 6
1 6
1 6
Service Terminals.
Per
Ton.
8. d.
3
5
8
1
1 4
1 8
I
Per
Ton.
8. d.
3
6
8
1
1 4
1 8
Per
Ton.
d.
1-60
3
8
Per
Ton.
d.
1-60
2
2
8
4
B.
0.
1.
2.
8.
4.
6.
362
PBOVISIONAL O&DERS — SPECIAL PB0VI8I0KS.
[55 & 56 Yict. cap. lix.]
CITY OF GLASGOW UNION RAILWAY
COMPANY.
Short title.
CommeDoe-
ment.
[Note. — ^The Provisioiial Order applicable to the City of Glasgow
Union Railway Company may be cited as '* The Bail way Bates and
Charges, No. 21 (City of Glasgow Union Bailway) Order, 1892,"
and the Act confirming it as " The Bailway Bates and Charges,
No. 21 (City of Glasgow Union Bailway) Order Confirmation Act,
1892."
Commencement of Order 1st January, 1893, or such later date
as Board of Trade direct.]
MAXIMUM BATES AND CHABGES.
PABT I. — Goods Ain> Minebals.
In respect
Mazimum
Batkb fob
Ck>HVSTAirCK.
Mazimtjx TsBinir AL8.
of MerchandiBe
• oomprued
in the
For
Ck>niiignment8,
except
aa otherwise
provided in the
Schedule.
Station
Terminal
at
each End.
Senrioe Tenninak.
under- mentioned
ClaBBes.
Loading.
Un-
loading.
CoTering.
Un-
oovering.
Pep Ton
per Mile.
Per Ton.
Per
Ton.
Per
Ton.
Per
Ton.
Per
Ton.
A.
d.
1-90
«. d.
3
«. d.
«. d.
d.
d.
A.
B.
200
6
—
—
—
—
B.
0.
2-20
1
3
3
1
1
0.
1.
2-50
1 6
6
6
1-60
1-60
1.
2.
2-76
1 6
8
8
2
2
2.
3.
310
1 6
1
1
2
2
3.
4.
3-76
1 6
1 4
1 4
3
8
4.
6.
4-30
1 6
1 8
1 8
4
4
6.
SCOTCH RAILWAYS. 353
[56 & 56 Viot cap. Iz.]
GLASGOW AND SOUTH WESTERN
RAILWAY COMPANY.
[Note. — The Proyisional Order applicable to the Glasgow and Short title.
South Western Railway Company may be cited as " The Bail way
Bates and Charges, No. 22 (Glasgow and South Western Bail-
way, &c.] Order, 1892," and the Act confirming it as ** The Bailway
Bates and Charges, No. 22 (Glasgow and South Western Bail-
way, &c.) Order Confirmation Act, 1892."
Commencement of Order Ist January, 1893, or such later date Obmmenoe-
as Board of Trade direct.] »*«^*-
Companies to which the Glasgow and South Western
Railway Company^ s Schedule applies^ being the
Appendix to the Schedule of the Glasgow and
South Western Railway Company.
The Ayrshire and Wigtownshire Railway Com-
pany, in respect of the Ayrshire and Wigtownshire
Railway ;
The Kilmarnock and Troon Railway Company,
in respect of the Kilmarnock and Troon Railway.
MAXIMUM BATES AND CHABGES.
Nothing in this Order shall prejudice or affect
the provisions and obligations in section 43 of the
Glasgow and South Western Railway (Kilmar-
nock Direct) Act, 1865.
This section refers to the carriage of dung and city manure at
low rates for public bodies. It will be found in Appendix B., posty
p. 468.
D. A A
\YS.
355
•i-*S-
'. Ixi.]
TLAND RAILWAY
W
lining the schedule applic- Short title.
Railway Company may be
.-OS, No. 23 (Great North of
" Act confirming it as ** The
: eat North of Scotland Sail-
y, 1893, or such later date Ckmunence-
xaent.
vND CHANGES.
xD Minerals.
respect of Merchandise
>^es A. and B.
Mazixuk TsiUfDrALB.
11
I
1
hi '4
I*
Per
Ton.
I 8. d.
3
. 6
Senrioe Tenninalfl.
Per
Ton.
«. d.
g
Per
Ton.
«. d.
&
Per
Ton.
d.
I
i5
Per
Ton.
B.
354
PROVISIONAL ORDERS— SPECIAL PROVISIONS.
PAET I.— Goods and Minerals.
, (a) Rates and Terminals in respect of Merchandise
comprised in Classes A., B., and C.
1
it
A.
B.
0.
Maximum Rates fob Cohyxtawcb.
For OonaigninentH, except as otherwise
proTided in the Schedule.
For the
flrat
10 Miles.
or any part
of such
Distance.
For the
next
lOBIiles,
or any part
of such
Distance.
For the
next
ISBIiles,
or any part
of such
Distance.
Per Ton
Per Ton
Per Ton
per Mile.
per Mile.
per Mile.
d.
d.
d.
1-76
1-25
0-76
200
1-25
100
2-25
1-76
1-50
For the
remainder
of the
Distance.
Per Ton
per Mile.
d.
0-60
0-76
1-25
Maximum Tsbmixals.
I
Per
Ton.
s. d,
3
6
1
Seryice Tenninals.
Per
Ton.
9. d.
3
I
Per
Ton.
9, d.
3
I
Per
Ton.
d.
8
Per
Ton.
d.
A.
B.
0.
(b) Rates and Terminals in respect of Merchandise
comprised in Classes 1, 2, 3, 4, and 5.
I.
as
si
Maximum Ratxs vob Gonyetakcx.
For Consignments, except as otherwise
provided in the Schedule.
1.
2.
3.
4.
6.
For the
flnt
aoMUes,
or anyiMut
of such
Distance.
Per Ton
X>erMile.
d,
2-26
2-65
3-10
3-60
4-30
For the
next
80 Milra,
or any part
of such
Distance.
Per Ton
per Mile.
d.
1-85
2-30
2-65
3-15
3-70
For the
next
fiOMUes,
or any part
of such
Distance.
Per Ton
per Mile.
d,
1-40
1*80
200
2-60
3-25
For the
remainder
of the
Distance.
Per Ton
per Mile.
d,
100
1-50
1-80
2-20
2-60
Maximum Txrmixals.
ATA
■43
Per
Ton.
8. d,
1 6
1 6
1 6
I 6
1 6
Service Teiminals.
Per
Ton.
«. d,
5
8
1
1 8
Per
Ton.
9, d.
6
8
1
14 14
1 8
Per
Ton.
d.
1-50
2
M>
8
P
Per
Ton.
d.
1-60
2
2.
6.
SCOTCH RAILWAYS.
355
[55 & 56 Vict. cap. Ixi.]
GREAT NORTH OF SCOTLAND RAILWAY
COMPANY.
[Note. — ^The Provisional Order containing the schedule applic- Short title,
able to the Great North of Scotland Eailway Company may be
cited as ** The Bailway Eates and Charges, No. 23 (Great North of
Scotland Eailway) Order, 1892," and the Act confirming it as ** The
Bailway Eates and Charges, No. 23 (Great North of Scotland Bail-
way) Order Confirmation Act, 1892."
Commencement of Order 1st Janiiary, 1893, or such later date Commenoe-
as Board of Trade direct.] ^^^
MAXIMUM BATES AND CHABGES.
PABT I.— Goods Aim Minbkals.
(a) Rates and Terminals in respect of Merchandise
comprised in Classes A. and B.
i1
"si
A.
B.
ICazimuic Batbs roB Coxtbtancb.
For Conmgnments, except as otherwise
provided in the Schedule.
For the first
10 Miles,
or any part
of such
Distance.
Per Ton
per Mile.
d.
1-75
1-76
For thenext' For the next
10 Miles,
or any part
of such
Distance.
Per Ton
per Mile.
d.
1-50
1-50
16 Miles,
or any part
of such
Distance.
Per Ton
per Mile.
d.
100
1-00
For the
remainder
of the
Distanoe.
Per Ton
per Mile.
d.
0-76
0-76
A a2
^
1
00
Per
Ton.
8. d.
3
6
HAXimnc Tbbmivals.
Service Tenninala.
Per
Ton.
8. d.
I
8
Per
Ton.
8. d.
6
Per
Ton.
d.
8
Per
Ton.
d.
A.
B.
354
PROVISIONAL ORDERS— SPECIAL PROVISIONS.
PAET I. — Goods and Minerals.
. (a) Rates and Terminals in respect of Merchandise
comprised in Classes A., B., and C.
4
J
§1
Mazivum Ratxs tob Cokyktavcb.
For OoQBignmentB, exc^t as otherwise
provided in the Schedule.
A.
B.
0.
For the
fint
10 Miles.
or any part
of such
Distance.
Per Ton
per Mile.
d.
1-76
200
2-26
For the
next
10 Miles,
or any part
of such
Distuioe.
Per Ton
per Mile.
d.
1-26
1-26
1-76
For the
next
16 Miles,
or any part
of such
Distance.
Per Ton
per Mile.
d.
0-76
100
1-50
For the
remainder
of the
Distance.
Per Ton
per Mile.
d.
0-60
0-76
1-25
Maximum TsBMniAU.
I
OQ
Per
Ton.
9. d,
3
6
1
Service Terminals.
Per
Ton.
«. d.
3
te
I
Per
Ton.
«. d.
3
5
Per
Ton.
d.
Per
Ton.
d.
B.
O.
I.
(b) Rates and Terminals in respect of Merchandise
comprised in Classes 1, 2, 3, 4, and 5.
'^1
1.
2.
3.
4.
6.
Maximum Ratbs fob GoirvBTAircB.
For Consignments, except as otherwise
provided in the Schedule.
For the
flx«t
ao MUes,
or any part
of such
Distance.
For the
next
80 Miles,
or any part
of such
Distance.
For the
next
fiOMUes,
or any part
of such
Distance.
Per Ton
Per Ton
Per Ton
per Mile.
per Mile.
per Mile.
d.
d.
d.
2-26
1-86
1-40
2-65
2-30
1-80
3-10
2-66
200
3-60
3-15
2-50
4-30
3-70
3-25
For the
remainder
of the
Distance.
Per Ton
per Mile.
d,
1-00
1-60
1-80
2-20
2-60
Maximum Tsbmikalb.
©•a
'-Si
Per
Ton.
«. d,
1 6
1 6
1 6
1 6
1 6
Service Terminals.
Per
Ton.
«. d,
5
8
1
1 4
1 8
o
I
Per
Ton.
9. d.
6
8
1
1 4
1 8
I
Per
Ton.
d,
1-60
►
8
a
P
Per
Ton.
d,
1-60
2
2
3
4
2.
3.
4.
6.
SCX)TCH RAILWAYS.
[56 4 66 Yict. cap. Ixi.]
GREAT NORTH OF SCOTLAND RAILWAY
COMPANY.
[Note. — The Provisional Order containing the ecliedule applic- Short Idtle.
able to the Great North of Scotland Bailway Company may be
cited aa " Tha Bftilway Bates and Charges, No. 23 (Great North of
Scotland Sailway] Order, 1892," and the Act confirming it as "The
Bailway Eatee and Charges, No. 23 (Great North of Scotlaitd Bail-
way) Order Confirmation Act, 1892."
Commencement of Order Ist January, 1893, or such later date Commenoe-
as Board of Trade direct.] "'»*•
MAXIUUM BATES AMD CHAB0E3.
PAJBT I.— Goods ahd MmsaALa.
(a) Rates and Torminala in respect of Merchandise
comprifled in Classes A. and B.
&
lliimCU BlT» TOB CONYtTll'CI.
HuimjiiTiUD'AU.
prondtd in the Bcbsdnle.
•i
k
8erTl«T«inlDal>.
:er
1
1
I
P
-
^
Per
Ton,
.. d.
3
6
Per
Ton.
>. d.
Per
Ton.
: d.
Per
Ton.
d.
Per
Ton.
A.
B.
354
PROVISIONAL ORDERS— SPECIAL PROVISIONS.
PAET L — Goods and Minerals.
. (a) Rates and Terminals in respect of Merchandise
comprised in Classes A., B., and C.
.Si
A.
B.
0.
HAZimm Ratxs vob Ck>irTKTAifcx.
For Consignments, exc^t as otherwise
proTided in the Schedule.
For the
first
10 Miles,
or any part
of such
Distance.
For the
next
10 Miles,
or any part
of such
Distance.
For the
next
16 Miles,
or any part
of such
Distance.
Per Ton
Per Ton
Per Ton
per Mile.
per Mile.
per Mile.
d.
d.
d.
1-76
1-25
0-75
200
1-25
100
2-26
1-75
1-50
For the
remainder
of the
Distance.
Per Ton
per Mile.
d.
0-60
0-76
1-25
Maximum Tbemikals.
Is
a
o
I
Per
Ton.
s, d.
3
6
1
Service Terminals.
^
f
Per
Ton.
9. d.
3
te
i
Per
Ton.
s. d.
3
I
Per
Ton.
P
Per
Ton.
d.
A.
B.
C.
(b) Rates and Terminals in respect of Merchandise
comprised in Classes 1^ 2, 3, 4, and 5.
ii
11
Maximum Ratxs tob Gonvxtancb.
For Consignments, except as otherwise
provided in the Schedule.
1.
2.
3.
4.
5.
For the
flnt
20 Miles,
or any part
of such
IMstanoe.
Per Ton
per Mile.
d.
2-26
2-66
310
3G0
4-30
For the
next
90 Miles,
or any part
of such
Distance.
Per Ton
per Mile.
d,
1-86
2-30
2-66
316
3-70
For the
next
60 Miles,
or any part
of such
Distance.
Per Ton
per Mile.
d.
1-40
1-80
200
2-60
3-26
Maximum TRaMiMAu.
-s
For the
remainder
of the
Distance.
Per Ton
per Mile.
d.
1-00
1-60
1-80
220
2-50
•43
I
QD
Per
Ton.
«. d.
1 6
1 6
1 6
1 6
1 6
Service Terminals.
Per
Ton.
9, d,
5
8
1
1 4
1 8
I
Per
Ton.
«. d.
6
8
1
1 4
1 8
I
Per
Ton.
d,
1-60
M>
I
P
Per
Ton.
d.
1-60
2
2
3
4
2.
3.
4.
6.
SCOTCH RAILWAYS.
355
[55 & 56 Yict. cap. Ixi.]
GREAT NORTH OF SCOTLAND RAILWAY
COMPANY.
[Note. — ^The Provisional Order containing the schedule applic- Short title,
able to the Great North of Scotland Eailway Company may be
cited as *' The Bailway Eates and Charges, No. 23 (Great North of
Scotland Eailway) Order, 1892," and the Act confirming it as *' The
Bailway Bates and Charges, No. 23 (Great North of Scotland Bail-
way) Order Confirmation Act, 1892."
Commencement of Order Ist Janiiary, 1893, or such later date Commence-
as Board of Trade dii-ect.] "^«^*-
MAXIMUM EATES AND CHAEGES.
PAET L—GooDS AND Minerals.
(a) Eates and Terminals in respect of Merchandise
comprised in Qasses A. and B.
i1
il
15.9
s
AU
A.
B.
ICazdcum Ratbs for Contbtakgk.
For Conaignments, except as otherwise
provided in the Bchednle.
For the first
10 Miles,
or any part
of such
Distanoe.
For the next
10 Miles,
or any part
of such
Distanoe.
For the next
15 Miles,
or any part
of such
Distance.
Per Ton
Per Ton
Per Ton
per Mile.
per Mile.
per Mile.
d.
d.
d.
1-75
1-60
1-00
1-76
1-60
100
For the
remaindeT
of the
Distanoe.
Per Ton
per MUe.
d.
0-75
0-76
A a2
'Si
Per
Ton.
8. d.
3
6
Maximum Tsbmikals.
Berrioe Tenninala.
Per
Ton.
«. d.
^
c
•a
Per
Ton.
8, d.
6
Per
Ton.
d.
Per
Ton.
d.
A.
B.
354
PROVISIONAL ORDERS— SPECIAL PROVISIONS.
PAET I. — Goods and Minerals.
. (a) Rates and Terminals in respect of Merchandise
comprised in Classes A., B.^ and C.
8^
•a o
P
8a
A.
B.
C.
Hazimum Rates vos CosmnrAxcB.
For CooaignmaitH, except as otherwiw
pronded in the Schedule.
For the
first
lOMfles,
or any part
of soch
Distance.
Pep Ton
perMUe.
d.
1-76
2-00
2-25
For the
next
lOMfles,
oranf part
of such
Distance.
For the
next
16 Miles,
or any part
of savh
Distance.
Per Ton I Per Ton
per Mile, per Mile.
d.
1-25
1-26
1-76
d.
0-76
100
1-60
For the
remaindeTi
of the
Distance.
MAXmUM TSBMIXALa.
18
I
§
1
PerTonl Per
per Mile. Ton.
d,
0*60
0-76
1-25
s, d.
3
6
1
Service Tennhials.
Per
Ton.
9. d.
3
o
Per
Ton.
8. d.
3
a
Per
Ton.
d.
>
8
Per
Ton.
d.
A.
B.
C.
(b) Rates and Terminals in respect of Merchandise
comprised in Classes 1, 2, 3, 4, and 5.
»
1.
2.
3.
4.
5.
MAxnnTM Ratxs fob Coxtxtamcx.
For Consignments, except as otherwise
IiroTided in the Schedule.
For the
flnt
aOMUes,
or anyiMut
of such
Distance.
Per Ton
per Mile.
d,
2-26
2*65
310
3-60
4*30
For the
next
30 Miles,
or any part
of sach
Distance.
Per Ton
per Mile.
d.
1-86
2-30
2-66
315
3-70
For the
next
60 Miles,
or any part
of such
Distance.
Maximum Txbmixals.
Per Ton
per Mile.
d,
1-40
1-80
200
2*50
3-25
For the
remainder
of the
Distance.
Per Ton
per Mile.
d,
1-00
1-60
1-80
2-20
2-60
-s
%
I
GD
Service Terminals.
Per
Ton.
«. d,
1 6
1 6
I 6
I 6
1 6
Per
Ton.
9. d.
6
8
1
§
Per
Ton.
9. d.
5
8
1
14 14
18 18
Per
Ton.
d,
1-60
►
8
a
P
Per
Ton.
d.
1-60
2
2
3
4
3.
4.
6.
SCOTCH BAILWAT8.
355
[55 & 56 Yict. cap. IzL]
GREAT NORTH OF SCOTLAND RAILWAY
COMPANY.
[Note. — ^The Provisional Order containing the schedule applic- Short title,
able to the Great North of Scotland Bailway Company may be
cited as '* The Bailway Eatos and Charges, No. 23 (Great North of
Scotland Railway) Order, 1892," and the Act confirming it as ''The
SaUway Bates and Charges, No. 23 (Great North of Scotland Bail-
way) Order Confirmation Act, 1892."
Commencement of Order Ist Janiiary, 1893, or such later date Commence-
as Board of Trade direct.] ^^^
MAXIMUM RATES AND CHARGES.
PART I.— Goods ajstd Minerals.
(a) Eates and Terminals in respect of Merchandise
comprised in Classes A. and B.
11
l§
h
A.
B.
Maxxmux Batxs roR Comtbtanck.
For GoQsigziinents, exoept as ofherwise
provided in the Bchednle.
For the first
For the next
For the next
10 Miles,
10 Miles,
16 Milefl,
or any part
or any part
or any part
of such
of such
of such
Distance.
Distance.
Distance.
Per Ton
Per Ton
Per Ton
per Mile.
per Mile.
per Mile.
d.
d.
d.
1-75
1-60
100
1-76
1-50
100
For the
remainder
of the
Distance.
Per Ton
per Mile.
d.
0-75
0-76
A a2
it
CO
Per
Ton.
t. d.
3
6
HaZIIIUM TsRiaNALS.
Berrioe Terminak.
Per
Ton.
«. d.
•a
Per
Ton.
t. d.
s
Per
Ton.
d.
8
Per
Ton.
d.
B.
366
PROVISIONAL ORDERS — SPECIAL PROVISIONS.
(b) Rates and Terminals in respect of Merchandise
comprised in Classes C, 1, 2, 3, 4, and 5.
.9
C.
1.
2.
3.
4.
6.
ILlxxmum Ratsb fob CoimTAircK.
For ConngDinentB, ozoqyt aa ofherwifle
provided in the Schedule.
For ttie first
SO Miles,
or any part
of such
Diatanoe.
Per Ton
per Mile.
d.
1-80
2-26
2-76
310
3-75
4-30
For the next
aOMdea,
or any part
of sach
For the next
SOMilea,
or any part
of auch
Distance.
Per Ton
Per Ton
per Mile.
per Mile.
d.
d.
1-60
1-20
1-90
1-65
2-35
2-05
2-80
2-60
3*35
315
3-90
3*80
Fbrthe
remainder
of the
Distance.
Per Ton
per Mile.
d.
0-70
1-35
1-65
210
2-60
3-00
Per
Ton.
8. d.
1
1 6
1 6
1 6
1 6
1 6
MAxmuK Tx&mxALB.
Serrioe Tenninali.
Per
Ton.
8. d,
3
6
8
1
1 4
1 8
a
•a
Per
Ton.
8. d.
3
6
8
1
1 4
1 8
6
Per
Ton.
d.
1
1-60
3
8
a
Per
Ton.
d.
1
1-60
2
2
3
4
2.
3,
4.
5.
SCOTCH RAILWAYS.
367
[55 A 56 Tict. cap. Izii.]
HIGHLAND RAILWAY COMPANY.
[Note. — The Proyisioiial Order contaisiiig the schedule applic- Short title,
able to the Highland Bail way Company may be cited as ** The
Bail way Bates and Charges, No. 24 (Highland Bailway) Order,
1892," and the Act confirming it as **The Bailway Bates and
Charges, No. 24 (Highland Bailway) Order Confirmation Act, 1892."
Commencement of Order 1st January, 1893, or such later date Commmine-
as Board of Trade direct.] °^**
MAXIMUM BATES AND CHABGES.
PABT I.—GooBS Aim MnnEBALs.
(a) Rates and Terminals in respect of Merchandise
comprised in Classes A., B., and C.
u
|i
^5
!.a .
ftG
A.
B.
C.
Maximum Batks fob Covvbtancb.
For Conngnments, ezoept as otherwiae
provided in the Schedule.
Fortheflnt
Forfhenezi
Forthenezt
111 MileR,
10 Milea,
16 Mi]eii,
For the
or any pan
or any part
or any part
remainder
of >-uch
fif such
of such
of the
Distance.
Dist«noe.
Dibt<ince.
Per Ton
Per Ton
Per Ton
Per Ton
per Mile.
per Mile.
per Mile.
per Mile.
d.
d.
d.
d.
1-76
1-76
0-75
0-60
2-20
1-25
100
0-75
2-26
1-75
1-60
1-26
•■o
CD
Per
Ton.
6
1
Mazimttm Tbbmhtali.
Berrioe Tenninali.
Per
Ton.
«. d. s. d.
3
3
I
Per
Ton.
9, d.
3
Per
Ton.
d.
Per
Ton.
d,
A.
— B.
0.
358
FKOVISIONAX OSDEBS — SPECIAL PROVISIONS.
(h) Rates and Tenninals in respect of Merchandise
comprised in Classes 1, 2, 3, 4, and 5.
11
-I
3 0)
"8.9
1.
2.
3.
4.
6.
Mazimux Batbb fob Contbtancb.
For Conwigntnentg, except as otherwise
provided in the Schedide.
For the first
20 Miles,
or any part
of each
Distance.
For the next
ao Miles,
or any part
of such
Distance.
For the next
60 Miles,
or any part
of sach
Distance.
For the
remainder
of the
Distance.
Per Ton
Per Ton
Per Ton
Per Ton
per Mile.
perMUe.
per Mile.
per Mile.
d.
d.
d.
d.
2-25
1-90
1-65
1-35
2-75
2-36
2-05
1*65
310
2-80
2-50
2-10
3-76
3-35
3-15
2-60
4-30
3-90
3-80
3-00
CD
Per
Ton.
8. d.
1 6
1 6
1 6
1 6
1 6
Mazzmuv Tbbxihals.
Service Terminals.
I
Per
Ton.
s, d,
6
8
1
1 4
1 8
bo
Per
Ton.
s. d.
5
8
1
1 4
1 8
a
Per
Ton.
d.
1-50
&
Per
Ton.
d.
1-50
2
2
3
4
2.
3.
4.
6.
SCOTCH RAILWAYS. 359
[55 & 56 Yict. cap. Iziii.]
NORTH BRITISH RAILWAY COMPANY.
[Note. — The Proyisioiial Order oontaining the schedule applic- Short title,
able to the North British Railway Company may be cited as ** The
Bailway Bates and Charges, No. 25 (North British Bailway, &c.)
Order, 1892/' and the confirming Act as ** The Bailway Bates and
Charges, No. 25 (North British Bailway, &c.) Order Confirmation
Act, 1892."
Commencement of Order 1st January, 1893, or such later date as Commenoe-
Board of Trade direct.] "*«^*-
Companies to which the North British Railway Com-
pany^s schedule applies^ being the Appendix to
the North British Railway Company^ schedule.
The Anstnither and St. Andrew's Railway Com-
pany, in respect of the Anstnither and St. Andrew's
Railway,
The Edinburgh and Bathgate Railway Com-
pany, in respect of the Edinburgh and Bathgate
Railway,
The Eyemouth Railway Company, in respect
of the Eyemouth Railway,
The Forth and Clyde Junction Railway Com-
pany, in respect of the Forth and Clyde Junction
Railway,
The Forth Bridge Railway Company, in respect
of the Forth Bridge Railway,
The Glasgow, Yoker and Clydebank Railway
360 PROVISIONAL ORDERS — SPECIAL PROVISIONS.
Company, in respect of the Glasgow, Yoker and
Clydebank Railway,
The Kilsyth and Bonnybridge Railway Com-
pany, in respect of the Kilsyth and Bonnybridge
Railway,
The Newport Railway Company, in respect of
the Newport Railway.
MAXIMUM RATES AND CHAEGES.
In calculating the distance over which mer-
chandise is conveyed, and for all purposes of rates
and charges, the Tay Viaduct is to be calculated
as 12 miles 18 chains, and the Forth Bridge Rail-
way as 14 miles 16 chains upon traffic between
North British Stations south of the Tay on the
one hand, and places 25 miles south and east of
Ratho Junction, and 45 miles west of Ratho
Junction on the other hand, and with regard to
all other traffic as 23 miles 16 chains.
The expression Forth Bridge Railway shall
mean the railway commencing in the parish of
Dalmeny, in the county of Linlithgow, by a
junction with the Queensferry Branch of the
North British Railway crossing by a bridge the
Firth of Forth and terminating in the parish
of Inverkeithing, otherwise Inverkeithing and
Rosyth, in the county of Fife, by a junction with
the Dunfermline and Queensferry Branch of the
North British Railway.
In calculating the distance over which mer-
chandise is conveyed, and for all purposes of rates
SCOTCH RAILWAYS — NORTH BRITISH. 361
and charges, the Glasgow Tunnel Incline from
Cowlairs to Glasgow is to be calculated as 3 miles
20 chains, and the Thmshbush, Ballochney, and
Causewayend Inclines on the Monkland Railways
are to be calculated as 2 miles 16 chains, 1 mile
68 chains, and 1 mile 89 chains respectively.
In calculating the rates and charges leviable by
the company in respect of merchandise traffic
conveyed by means of the Carlisle Extension from
Langholm to Hawick, or any place on the North
British Railway northward or eastward of Hawick,
or vice versdj such rates and charges shall be
reckoned as if the distance between Langholm
and Hawick were 25 miles and no more.
Where the distance over which merchandise is
conveyed consists in part of a line or lines of the
company to which one scale, and in part of a line
or lines to which another or more than one other
scale of rates is applicable, the maximum charge
for each such portion of the entire distance shall
be calculated at the maximimi rate which, accord-
ing to the scale applicable to such portion, would
be chargeable for the entire distance.
Nothing in this Order shall prejudice or affect
the provisions and obligations contained in sections
54, 55, and 76 of the North British Railway
Consolidation Act, 1858, and section 43 of the
Edinburgh and Glasgow Railway (Coatbridge
Branch) Act, 1865.
These sections wiU be found in Appendix B., po«t, p. 468. Sects.
54 and 55 deal with obligations between the company and the gas-
light company ; and sect. 76 with the carriage of dung and city
manure at low rates for public bodies.
362
PROVISIONAL O&DE&S — SPECIAL FBOVISIONS.
For the purposes of Scale IV., the distance between
Edinburgh and Glasgow shall be taken as 42 miles, and
the distance between Leith or Granton on the one hand
and Glasgow on the other hand, shall be taken as 45 miles.
PABT I. — Goods A3sm Mdte&als.
Rates and Terminals in respect of Merchandise comprised
in Classes A., B., and C.
Scale I. — Applicable except as otherwise herein provided.
si
I. a
p^
A.
B.
0.
Maximux Batbb fob Cokvstangk.
For GonsignmentB, eacoept as otherwiBe
provided in the Schedule.
For the
first
10 Miles,
or any
part
of such
Distance.
Per Ton
per Mile.
1-76
2-00
2-25
For the
For the
next
next
10 Miles,
16 Miles,
or any
or any
part
part
of such
of such
Distance.
Distance.
Per Ton
Per Ton
per Mile.
per Mile.
d.
d.
1-26
0-76
1*25
1-00
1-76
1-60
For the
remainder
of Uie
Distance.
Per Ton
per Mile.
d.
0-60
0-76
1-25
Station
Termi-
nals at
each
End.
Per
Ton.
s, d,
3
6
1
MAZixnx TsBMnrALS.
Service Tezininalfl.
Per
Ton.
«. d.
3
I
Per
Ton.
s, d.
3
Per
Ton.
d.
I
8
a
P
Per
Ton.
d.
B.
C.
SCOTCH RAILWAYS — NOKTH BRITISH.
363
Rates and Terminals in respect of Merchandise
comprised in Class A.
Scale II. — Applicable to the JRailwaye herein apectally mentioned.
Stirling and Dimfermline Railwaj and Alloa
Harbour Branch
Ihinfeimline and Qneenaf erry Railway
Glaagow and Coatbridge Railway
Glasgow, Bothwell, Hamilton, and Coatbridge
Railway
Glasgow City and Bifitrict Railway
Stobcross Railway ...«•..
Bridgeton Cross Railway
Glasffow (Qneen Street) to Bi^op^riggs,
.dading branches to Siffhtl "
Ejoightswood, and Ruohill
induding branches to Siehthill, Port Dundas,
Oorstorphine Junction to Niddrie East and
South JnnotionBy including the Edinborgh
Suburban and Sonthside Junction Railway
and its branches, except the branch from
Duddingston Junotioa to St. LeonaxdB Station ^
mm
Bates for
Conveyance.
Per Ton
per Mile.
d.
1-60
2-26
Station
TeTminal at
eaohEnd.
Per Ton.
d.
3
3
364
PROVISIONAL ORDERS — SPECIAL PROVISIONS.
Kates and Terminals in respect of Merchandise comprised
in Classes C, 1, 2, 3, 4, and 5.
Scale m, — Applicable except as otherwUe herein provided.
n
«8
II
^■^
as
sa
1.
2.
3.
4.
6.
Maximum Ratxs fob Cokvxtakck.
For Consignments, except as otherwise
provided in the Schedule.
For the
flnt
aOMUm,
or any part
of such
Distance.
For the
next
80 Miles,
or any i>art
of such
Distance.
For the
next
60 Miles,
or any part
of such
Distance.
Per Ton
per Mile.
Per Ton
per Mile.
Per Ton
per Mile.
d.
2-26
d,
1-85
d,
1-40
2-65
2-30
1-80
310
2-66
2-00
3-60
315
2-50
4.30
3-70
8-25
For the
remuinder
of the
Distance.
Per Ton
per Mile.
d,
100
1-60
1*80
2-20
2*60
Maximum Tkbmivals.
•a*^
S
§*
a ^
Per
Ton.
t. d.
1 6
1 6
1 6
1 6
1 6
Service Tenninalt.
te
Per
Ton.
9. d.
5
8
1
1 4
1 8
g
Per
Ton.
«. d.
6
8
1
1 4
1 8
►
6
Per
Ton.
d,
1-50
2
Per
Ton.
d,
1-60
8
2.
8.
Scale IV. — Applicable to the conveyance of Merchandise between the following places,
viz, : Edinburgh^ Leith, or Grantham on the one hand, and Glasgow on the other hand.
a
0.
1.
2.
3.
4.
6.
Maximum Rates fob
coxvevancb.
For Con^ignment8,
except as
othen»iHe provided
in the
Schedule.
Per Ton per Mile.
d,
1-40
1-50
1-90
1-90
2-0
2-25
Maximum Txemixals.
Station
Terminal
at eHch
End.
Service Terminals.
Per Ton.
s. d.
1
1
1
1
1
1 6
Loading.
Per Ton.
«. d.
3
6
8
1
1 4
1 8
Unloading.
Covering.
Unoovering.
Per Ton.
t. d.
3
6
8
1
1 4
1 8
Per Ton,
d,
1
1-60
2
2
3
4
Per Ton.
d.
1
1-60
2
2
3
4
C.
1.
2.
3.
4.
6.
365
^lA$$itiCAtUm
OF
MERCHANDISE TRAFFIC.
Where in this List the letters " e.o.li.p." are placed after the designation of
any Article they mean ^^ except otherwise herein provided^
Class A.
Applicable to Consignments of Foue Tons and upwards.
Basic slag, unground.
Cannel.
Chalk in the rough, for agricultural
purposes.
Cinders, coal.
Clay, in bulk, e.o.h.p.
Coal.
Coke.
Coprolites and rock phosphate, un-
ground.
Creosote, coal-tar, gas-tar, gas-
water, in owners' tank waggons.
Culm.
Gknnister.
Gas-lime or gas purifying refuse.
Ghravel.
Hammer scale.
Iron ore.
Iron-pyrites, unbumt and burnt.
Ironstone.
Limestone, in bulk.
Manganiferous iron ore, for iron
making.
Manure, street, stable, farmyard,
in bulk.
Night soil.
Purple ore.
Sand.
Slack.
Slag or scoria, blast furnace.
Stone and undressed material, for
the repair of roads.
Stone, wholly undressed straight
from a quarry.
Tap or mill cinder.
Waste sulphate of lime.
When merchandise specified in Class A. is consigned in quantities of
less than four tons and not less than two tons, the company may charge
for such consignment the conveyance rates applicable to Class B., and if
less than two tons the conveyance rates applicable to Class C. ; provided
that the company shall not charge more than as for a consignment of four
tons or two tons respectively.
366
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
Class B.
Afplioable to Consignments of Four Tons and upwards.
Alabaster stone, in lumps, iin-
ground.
Ammoniacal liquor.
Antimony ore waste.
Asplialte paving, in blocks.
Barytes, raw, in bulk.
Basic material, burnt limestone, in
bulk, to steel converters.
Basic slag, ground, packed.
Blooms, billets or ingots, iron or
steel.
Bog-ore, for gas purifying.
Bricks, clay, common and fire.
Bricks, crushed.
Cement, in blocks or slabs.
Cement stone.
China clay.
Coal fuel, patent.
Compost, for manure.
Concrete, in blocks or slabs.
Copperas, green, in bulk.
Coprolites and rock phosphate,
ground.
Creosote, coal-tar, gas-tar, gas-
water, e.o.h.p.
DrafE, or brewers' and distillers'
grains.
Ferro-manganese, in bulk.
Furnace lumps.
Furnace scrapings.
Gas-carbon.
Granite, in blocks, rough or un-
dressed.
Gravel, tarred, for paving.
Gypsum, for manure.
Gypsum stone, in lumps, unground.
Iron and steel.
The following articles of iron or
steel : —
AnviU.
Bar, iron or steel, exceeding
1 cwt. per bar, in open trucks
at request of trader.
Bars, for tin-plate making.
Buoy sinkers.
Cannon balls and shot, and shells
not charged.
Clippings, shearings, and stamp-
ings of sheet iron and tin
plates, in compressed bundles.
Filings.
Ingot moulds.
Platesr—
Open sand, cast.
Scrap, Tninimum load four tons
per truck.
Swarf.
Wire rope, old, cut in pieces.
Iron-ore refuse for gas purifying.
Kainit.
Lead ashes, in bulk.
Lime, in bulk.
Litter (moss or peat), hydraulic or
steam press-packed.
Loam.
Manganese ore.
Mangel wurzel, in bulk, for feeding
cattle.
Manure (other than street stable
and farmyard), in bulk.
Peat.
Pig-iron.
CLASSIFICATION OF MERCHANDISE TRAFFIC.
367
Class B. — continued.
Pipes, draining, common, for agri-
cultural draining.
Fitch, coal tar, in blocks.
Plaster- stone, in lumps, imground.
Potsherds.
Puddled bar, iron.
Quarls.
Bock-salt.
Salt, in bulk.
Skimmings, flux, lead, tin, or zinc.
Slates, common.
Slate slabs, in the rough, or roughly
squared or planed, not packed.
Spiegeleisen, in bulk.
Stone, in the rough state, building,
pitching, paving, kerb or flag.
Sud-cake manure.
Sugar-scum, for manure.
Sulphate of potash.
Sulphur ore.
Tan or spent bark.
Tiles, paving, draining, roofing, or
garden edging, common.
Turf.
Turnips, in bulk, for cattle feeding.
Zinc ashes.
Zinc ore.
Spar, in the rough, in bulk.
When merchandise specified in Class B. is consigned in quantities of
less than four tons and not less than two tons, the company may charge
for such consignment the conveyance rates applicable to Class C, and if
less than two tons the conveyance rates applicable to Class 1 ; provided
that the company shall not charge more than as for a consignment of four
tons or two tons respectively.
Class 0.
Affijoable to Consignments of Two Tons and ttfwabds.
Acetate of lime.
Algarovilla.
Algerian fibre, hydraulic or steam
press packed.
Alum.
Alum cake.
Alum waste.
Alumina, hydrate of, or bauxite.
Alumina water.
Aluminoferric.
Aluminosilio.
Antichlorine.
Antimony ore.
Arseniate of soda.
Arsenic.
Asphaltum.
Barium, chloride of, in casks.
Bark for tanning, chopped, packed
in bags, or hydraulic pressed.
Barley, pot and pearl.
Bar3rtes, ground, in casks or bags.
Bicarbonate of soda, in casks.
Bisulphite of soda.
Blanc-fixe (ground barytes with
water added, for glazing paper).
Bleaching powder.
Blood, for manure, in casks.
Bobbin blocks.
368
PROVISION AI* ORDERS OF THE BOARD OF TRADE.
Class 0. — continued.
Bone ash.
Bone waste.
Bones, calcined.
Bones, for size or manure.
Break blocks.
Bricks, clay, glazed, or enamelled.
Bricks, flanders or scouring.
Brimstone, crude or unmanufac-
tured.
Burrstones.
Cabbages, loose, in bulk.
Cake, for cattle feeding.
Carbonate of lime.
Carbonate of soda, or soda crystals.
Carrots.
Caustic soda.
Cement, e.o.h.p.
Chair bottoms, wooden, in tbe rough.
Chalk, ground.
Charcoal, packed.
Chertstone.
China grass, hydraulic or steam
press packed.
China stone.
Chloride of calcium.
Chromate ore.
Clay, in bags or casks.
Clips, cotton tie, packed.
Clog blocks, rough.
Copper ore.
Copperas, gpreen, e.o.h.p.
Cotton waste, for paper making,
hydraulic or steam press packed.
CuUet (or broken glass).
Cutch.
Divi divi.
Dog, hen, and other pures or bates,
in barrels or bags.
Drain pipes, glazed.
Dross, metal.
Dyewoods —
Barwood.
Fustic wood,
lima wood.
Logwood.
Nicaragua wood.
Earth, red.
Earth nuts, or ground nuts.
Emery stone.
Ensilage.
Esparto grass, hydraulic or steam
press packed.
Extracts, in casks or boxes, for
tanners' use.
Farina, e.o.h.p.
Felloes, naves, and spokes.
Fenugreek seeds.
Flax, straw, hydraulic or steam
press packed.
Flax waste, for paper making, hy-
draulic or steam press packed.
Fleshings and glue pieces, wet,
from tanners, in casks.
Flints, e.o.h.p.
Flour.
Flue linings, or flue pipes, fire-
clay.
Forgings, iron or steel, in the rough,
e.o.h.p.
Fullers' earth.
Furniture vans, returned empty, if
from the same station and con-
signee to which and to whom
they were carried full to the
same station and consignor from
which and from whom they were
carried full.
Gambler and terra japonica.
Glass, ground.
Glaze, potters', in casks.
CLASSIFICATION OF MERCHANDISE TRAFFIC.
369
Class C. — continued .
Ghrain —
Barley.
Beans, e.o.h.p.
Bran.
Brank or buckwheat.
Dari.
Dills.
(Croats.
Gurdgeons.
Hominy.
Indian com.
Lentils.
Linseed.
Locusts or cliarubs.
Maize.
Malt.
Malt culms or cummings.
Meal.
Middlings.
MiUet.
Oat dust.
Oats.
Peas, dried or split.
Pollards or thirds.
Bice points or husks.
Eye.
Sharps or ueconds.
Shelling.
Shudes.
Tares.
Vetches.
Wheat.
Orindstones, in the rough.
Qrit in bags (for sawing stone).
Guano.
Ghiide plates or ramps, iron or steel.
Gypsum, e.o.h.p.
Hay, hydraulic or steam press
packed.
Heads andBtayes,prepared,f or casks.
1).
Hoof and horn waste, e.o.h.p.
Horn piths or sloughs.
Horse-shoe bars, iron.
Hygeianrock building composition,
in bags or casks.
Infusorial earth or diatomite.
Iron and steel, the following arti-
cles of : —
Anchors.
Angle bars, or plates.
Anvil blocks and cups.
Anvils, hammers, and standards,
for steam hammers.
Axle box guides, in the rough,
for locomotives.
Axle forgings, in the rough.
Axles, in the rough.
Axles and wheels (railway car-
riage, railway waggon, tram,
or corve).
Bar, e.o.h.p.
Beams.
Bearers.
Binders.
Bolts and nuts.
Boot protectors.
Bridgework —
Cantilevers.
Gross and longitudinal girders.
Floor plates.
Girders, whole or in part.
Joists.
Lattice bars.
Screw and other piles, both
hollow and solid.
Struts and ties.
Bundles of bars.
Caissons.
Cart bushes.
Chain cables.
BB
370
PROVISIONAL OUDERS OF THE BOARD OF TRADE.
Class C. — continued.
Iron and steel — continued.
Chains and traces, not packed.
Colliery tubbing.
Columns.
Corrugated iron.
Crowbars.
Curbing, for roadways.
Cylinders, not turned, drilled,
planed or slotted.
Engine bed plates.
Ferro-manganese, e.o.h.p.
Galyanised iron.
Gasometer sheets.
Girders.
Girder bars.
Granulated iron.
Gratings (man-hole, drain, pave-
ment, area, or floor).
Hammer heads, in the rough.
Heater bottoms.
Helves, or tilt hammers.
Hoop iron.
Hoop steel.
Hoops, iron.
Hoops, weldless, in the rough.
Horn blocks, in the rough, for
locomotives.
Housings, chocks, standards,
plain bed plates, pinions, coup-
ling boxes, and spindles, for
rolling mills.
Lamp posts.
Mortar null rolls.
Nail rods and sheets.
Nails and spikes.
Pickblocks or pickheads, in the
rough.
Pipes (exclusive of rain water
pipes), gas, water, air, and
steam.
Pipes, for blast furnaces.
Iron and steel — continued.
Plates-
Annealing.
Armour.
Black, in boxes, or not packed.
Boiler.
Furnace.
Hoe-head, in the rough.
Plough, in the rough.
Bailway flsh.
Bough flooring.
Ships.
Shovel.
Tank.
Press tops and bottoms, un-
finished.
Eailway carriage and waggon
work.
Bailway chairs.
Bailway points, crossings, or
joints.
Bailway rails.
Betorts, retort lids, and retort
mouthpieces, in the rough.
Bivets.
Bods, common.
Bods (wire), rolled, not drawn.
Bolls, turned or unturned, not
polished or packed.
Boofwork —
Bed plates.
Gutters.
Bafters.
Struts and ties or tie rods.
Tun shoes for principals.
Wind ties —
Principals.
Purlins.
Wrought or cast iron sky bars.
Scrap, minimimi load, three tons
per truck.
CLASSIFICATION OF MERCHANDISE TRAFFIC.
371
Class C, — continued.
Iron and steel — continued.
Shafts, for driying niill wheels,
unfinished.
Sheet iron, not packed.
Shoe tips.
Sleepers.
Spiegeleisen, e.o.h.p.
Standards for hurdles, packed.
Strips, not packed.
Telegraph posts.
Telegraph stores —
Black iron (cast) ridge chairs.
Galvanised and blacked earth
plates, in bundles.
Galvanised and blacked iron
loop rods.
Galvanised and blacked screw
tighteners, packed.
Galvanised and blacked stay
rods, in bundles.
Galvanised and blacked stay
tighteners.
Iron poles, roofs or caps.
Malleable cast iron brackets,
galvanised, packed.
Tiles (roofing), painted, galva-
nised, or enamelled.
Tip iron.
Trawl heads.
Trunnions, unfinished.
Tubes and fittings for tubes (ex-
cept electro-coppered or coated
with brass).
Tyres and tyre bars, in the rough.
Wall boxes.
Wall brackets.
Weights.
Wire (iron), not packed or wrap-
pered.
Wire iron, rolled in rods or coils,
not packed.
Wire (steel), not packed or wrap-
pered.
Keel bars.
Lead ore.
Lime, e.o.h.p.
Lime salt.
Linen waste, for paper-making, hy-
draulic or steam press packed.
Magnesia, rough oxide of, in cases
or casks.
Mag^iesium, chloride of, in casks.
Manganate of soda, crude, in casks.
Mangel wurzel, e.o.h.p.
Manure, e.o.h.p.
Marble, in blocks, rough.
Marble chips, for pavement, in
sacks.
Megass, hydiaulic or steam press
packed.
Mexican fibre, hydraulic or steam
press packed.
Millstones, in the rough.
Mineral white.
Moulders black or dust.
Muriate of manganese.
Muriate of potash.
Myrabolams.
Netting, old, for paper making.
Nitrate of soda.
Nitre cake.
Ochre.
Oil cake.
Old sails and old tarpaulins, for
paper making.
Oxide of iron.
Palmetto leaf, hydraulic or steam
press packed.
Parsnips.
Pearl hardening, for paper making.
Pelts, wet, from tanners, in casks or
bags.
Pig lead.
bb2
372
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
Class 0. — continued.
Pins, iron or steel.
Kpe clay.
Pitch, e.o.h.p.
Pitwood, for mining purposes.
Plaster.
Ploughsliares, iron or steel, in the
rough.
Plumbago ore.
Posts, iron or steel, for wire fencing.
Potatoes, in bulk or in sacks.
Pots, iron, for melting iron.
Pjrites, e.o.h.p.
Bags, not oily, hydraulic or steam
press packed.
Bailway cotters.
Bailway keys, wooden.
Bailway waggons, and other rail-
way vehicles, e.o.h.p., loaded in
other waggons.
Bice.
Bidges (cement or stone), for roof-
ing.
Bidges, slate.
Bopes, old, for paper making.
Sago flour.
Salt, packed.
Salt cake.
Sand, glass and silver.
Sanitary tubes.
Sawdust.
Scouring rock.
Screw propeller blades.
Scrows, wet, from tanners, in casks.
Seeds, for crushing for oil.
Shafts of screw propellers or paddle-
wheels, iron or steel.
Shakings from cotton miUs, for
paper making.
Shumac.
Silicate of soda.
Slag, glass (refuse from glass
works).
Slate, g^und for cement.
Slummage.
Soapstone.
Soda.
Soda ash.
Sole bars, wooden.
Sole plates, iron or steel, for steam
hammers.
Soot.
Spar, ground.
Spelter, in plates or ingots.
Spetches, wet, from tanners, in
casks.
Sticks, pea and bean.
Stone, sawn or roughly wrought up,
such as troughs or sinks.
Straw, hydraulic or steam press
packed.
Stucco, g^und.
Sugar mats, old, for paper making.
Sulphate of alumina.
Sulphate of ammonia.
Sulphate of copper, for export in
10 -ton lots.
Sulphate of iron.
Sulphate of lime.
Sulphate of magnesia.
Sulphate of soda.
Sulphur, crude or unmanufactured.
Targets, iron or steel.
Terra alba.
Terra cotta blocks and bricks.
Tiles, e.o.h.p.
Timber, actual machine weight.
Tow waste, hydraulic or steam press
packed.
Trenails.
Troughs, earthenware and fire-clay.
CLASSIFICATION OF MERCHANDISE TRAFFIC.
373
Class C — continued.
Turnips, e.o.h.p.
Turn-tables, in parts.
Umber.
Yalonia.
Vegetable tar.
Washers, iron or steel.
Waste paper, for paper making.
Wliiting and whitening.
Wire (of iron or steel, including
tinned or galvanised), in wrapped
coils, or not otherwise packed.
Wolfram.
Wood fibre, hydraulic or steam
press packed.
Wood pulp or half -stuff .
Wood turnings, for fish-curing.
Wooden blocks, for paving.
Wooden boxes, for packing tin
plates.
Zinc, white, or oxide of zinc.
Zinc, carbonate of.
Zinc ingots or plates.
Zinc sheets or rods.
When merchandise specified in Class C. is consigned in quantities of
less than two tons, the company may charge for such consignment the
conveyance rates applicable to Class 1 ; provided that the company shall
not charge more than as for a consignment of two tons.
Class 1.
Acetate of lead or sugar of lead.
Acetate of soda.
Acorns.
Ale aiid porter, in casks.
Ale and porter, bottled, in cases or
casks.
Algerian fibre, machine pressed.
Anthracene, crude, in casks.
Ashes, pot and pearl.
Axles and wheels, locomotive engine
and tender.
Bagging, old, in bundles, for paper
making.
Bags, paper, in bags or bundles.
Barilla.
Bark, loose, for tanning.
Bars, roller, and bed plates for
pulling rags.
Beds and cylinders of steam engines.
Benders (for rails) or jim crows.
Bichrome and bichromate of potash
in casks.
Bichromate of soda, in casks.
Birch or ling, for besoms.
Biscuits, dog, in bags or casks.
Bisulphite of lime.
Black oil or black varnish, common,
in casks.
Blistered steel.
Bloom trucks.
Boards and rollers (wooden) for
drapers' cloth and for folding
paper.
Bogies, puddlers' tap.
Bolt and nut machines.
Bones, packed.
374
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
Class 1 — continued.
Boring, drilling, planing, punching,
Bhcttring, and slotting machines
(for metal work), including beds
and tables.
Bottles and bottle stoppers, glass,
black, green, or pale, common,
packed.
Boundary posts (street), iron.
Box iron beaters.
Brattice clotb.
Brick-making machinery.
Bricks, air, cast-iron.
Broom and brush heads and blocks,
wooden, without hair.
Builders' implements, not new, and
consisting of mixed consignments
of the following : —
Barrows.
Centerings.
Crab winches.
Hoists.
Mortar boards.
Mortar mills.
Poling boards.
Pulleys.
Eopes.
Scaffold boards.
Steps.
Struts.
Trestles.
Wheeling pieces.
"Wheeling planks.
Windlasses.
Bullets, small-arm.
Buttermilk.
Cabbages, e.o.h.p., minimum 20
cwt. per wagfi^on.
Candles, paraffin, tallow, and stea-
rine.
Cannon.
Capstan bars.
Capstans and windlasses.
Carbonate of ammonia, in casks or
iron drums.
Carbonate of potash, in casks.
Cardboard.
Castings (iron or steel), light, in
boxes, crates, cases, casks, or
hampers.
Castings, mill, forge, and other
rough and heavy unfinished cast-
ings, iron or steel.
Castor oil, for lubricating machi-
nery, in tins, packed in wooden
cases.
Caustic potash.
Chaff, hydraulic or steam press
packed.
Chairs and seats, garden, in parts,
packed in cases.
Charcoal, e.o.h.p.
Chestnuts.
Chestnuts, extract of, for tanning
purposes.
Chimney pieces, slate, not enamelled
nor polished.
Chimney pots, earthenware or fire-
clay.
China g^ass, machine pressed.
Chloride or muriate of zinc.
Cider and perry, not bottled, in
casks.
Cider and perry, bottled, in cases
or casks.
Clips (iron) for boxes.
Clog irons.
Clog soles.
Cloth oil and wool oil.
CodiUa, in bales, hydraulic or steam
press packed.
Cones, fir, in sacks or bags.
Copper procipitnto.
CLASSIFICATION OF MKKCUAMDTSK TBAFFfC.
376
Class 1 — continued.
Copper regidus.
Copperas, e.o.h.p.
Copra (or oil pulp of cocoanut),
dried.
Cotton, raw, in press-packed bales.
Crab winches.
Cryolite.
Disinfecting powder.
Distilled water, in cases or casks.
Doors and door frames, iron or steel.
Drums, iron or steel, for collieries.
Dunnage mats.
Dye liquor refuse, from print or
dye works.
Dye woods, e.o.h.p.
Dye woods ground, in chips, in bags.
Esparto grass, machine pressed.
Extract of bark or wood, for tan-
ning.
Farina, calcined.
Felt, asphalted roofing, or tarred
felt, or tarred sheathing.
Fencing standards, iron, in concrete
blocks.
Fern, for litter or packing, hy-
draulic or steam press packed.
Firewood, in bundles.
Fish-
Cod and ling, dried.
Cod and ling, thoroughly cured
in brine.
Herrings, thoroughly cured in
brine.
Red herrings, thoroughly cured.
All other fish, thoroughly salted
or dried.
Cockles, limpets, mussels, whelks,
and periwinkles.
Flax, in bales, minimum GO cwt.
per waggon.
Flax straw, machine pressed.
Flax waste, for paper making.
Fleshings and glue pieces, dry, in
casks and bags.
Fleshings and glue pieces, wet,
from tanners, not packed.
Flower sticks, wooden or cane,
common.
Frames and bed plates, iron or
steel, for timber sawing, boring,
morticing, or planing machinery.
Frames, iron or steel, for targets.
Fruit, minimum 20 cwt. per wag-
gon-
Apples.
Gooseberries.
Pears.
Fruit pulp, in casks.
Fuel economisers, iron or steel.
Ginger beer, in cases and casks.
Glass blocks, for pavement (fitted in
iron frames).
Glucose.
Glue.
Goat skins, thoroughly salted or
dry, in bales or bundles.
Granite, polished or dressed, in
blocks or slabs, exceeding 2 in.
in thickness.
Grates, wooden or wrought iron, for
purifying gas.
Grease, in casks.
Greaves.
Hair, wet, from tanneries.
Handles, broom, mop, rake, fork,
spade, shovel, hammer, and pick.
Handspikes, wooden.
Haricot beans.
Hay, machine pressed, minimum
40 cwt. per waggon.
Headstocks, iron or steel, for col-
lieries.
376
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
Class 1-^continued.
Hemp in bales, hydraulic or steam
press packed.
Hemp seed.
Hemp waste, for paper making.
Hide cuttings.
Hides, thorouglily salted or dry, in
bales or bundles.
Hoofs, boms, and bom tips, buffalo,
cow, goat, ox, and sbeep, packed.
Horns, with slough.
Horse shoes.
Hurdles, iron or wood, e.o.h.p.
Hydraulic machinery and presses.
Iron and steel, the following articles
of:—
Axle boxes.
Dredger buckets and bucket backs.
Malt kiln flooring (iron wire),
packed in cases.
Pans, annealing.
Plates —
Canada.
For glass rolling.
Tin.
Bailway buffers, buffer heads,
rods and sockets.
Bailway springs.
Bailway spring steel.
Bings.
Scrap, e.o.h.p.
Smith's hearths.
Standards for hurdles, not packed.
Tinned iron, in sheets, not packed.
Tram couplings.
Traps, sink and stench.
Jute.
Jute waste, for paper making.
Kelp.
Kips, thoroughly salted or dry, in
bales or bundles.
Ladders, iron.
Ladles, puddlers'.
Lasts, iron.
Lathe beds.
Lead ashes, in bags.
Lead piping, in cases or casks.
Leather cuttings or parings, waste.
Lemon peel and citron peel.
Lime water in casks.
Linen waste, for paper making.
Litharge.
Malleable iron castings.
Marble chip pavement.
Megass, machine pressed.
Mexican fibre, machine pressed.
Millboard.
Mineral and aerated waters, in cases
and casks.
Molasses.
Mortar mills.
Muriate of ammonia.
Mustard seed.
Nail (iron) cutting machines.
Nitrate of lead.
Oil cloth cuttings, for paper making.
Oils, not dangerous, in casks or iron
drums, round or tapered at one
end, as follows : —
Carbolineum avenarius.
Castor.
Cocoanut.
Cod.
Cod liver.
Colza.
Cotton seed.
Earth nut or ground nut.
Haddock.
Herring.
Lard.
Lineeed.
CLASSIFICATION OF MERCHANDISE TRAFFIC.
377
Class 1 — continued.
Oils — contin ued.
Labricatmg mineral.
Menhadden.
Niger.
Oleic.
Oleine or tallow.
Palm.
Palm nut.
Pine.
Bape seed.
Bosin.
Seal.
Shale, crude.
Soap.
Sod.
Sperm.
Tar, mineral.
Train.
Whale.
Wool or cloth.
Old or scrap lead.
Onions.
Orange peel.
Osiers, twigs, and wiUows, green
and wet.
Palmetto leaf, machine pressed.
Paper, for news printing, packing,
or wrappering.
Paper, in roUs for printing paper
hangings.
Paraffin scale.
Paraffin wax.
Pasteboard.
Pelts, wet, from tanners, not packed.
Piassava, hydraulic or steam press
packed.
Pickblocks or pickheads, iron or
steel, e.o.h.p.
Pigs, dead, in carcase not packed or
wrapped, carried in open wag-
gons at traders* request.
Pipes, air, for ventilators.
Pit cages.
Plaster slabs, fibrous.
Plate or sheet iron, annealed.
Plough arm and share moulds and
moulding, iron or steel.
Plough bodies, breasts, colters, side
caps, frames, or rests, iron or
steel.
Plough plates, finished, iron or
steel.
Plough shares, finished, iron or
steel.
Plough slades and wheels, iron or •
steel.
Provender, green.
Provender, horse or cattle, hydraulic
or steam press packed.
Pumice stone.
Pumping machines.
Pumps (except hand pumps, brass),
and pump castings, e.o.h.p.
Punching bears.
Putty, e.o.h.p.
Bags, not oily.
Bed lead.
Betorts, clay.
Betorts, fire brick.
Biveting machines.
Bod lead.
Boilers, garden or hand.
Bosin.
Botten stone.
Saccharine, in casks, bags, pails,
or cans.
Sad irons, packed.
Salammoniac.
Saltpetre.
Sawing machines, for sawing iron.
Scrap tin.
378
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
Class 1 — continued.
Screw jacks, iron.
Screws, dry, in casks or bags.
Screws, wet, from tanners, not
packed.
Scythe stones.
Seal pipes or valves, iron or steel.
Shafts, wrought iron, for driving
miU wheels, finished.
Sheep dipping powder.
Sheepskins, in casks and thoroughly
salted, or dry in bales or bundles.
Sheep wash.
Sheet lead.
Ships' stern or rudder frames.
Shot, lead, in bags, packed in cases.
Shovel plates, iron or steel, finished.
Silicate cotton or slag wool, in casks
or bag^.
Sink traps, earthenware or fireclay.
Sinks, earthenware or fireclay.
Size, in cases or casks.
Skid pans or waggon slippers, iron.
Slate slabs, not polished or ena-
melled, in cases.
Soap.
Solder.
Spade trees.
Spelter sheets, in casks or cases.
Spetches, dry, in casks or bags.
Spetches, wet, from tanners, not
packed.
Spile pegs.
Stampings, iron or steel, rough,
imfinished, not tinned or galva-
nised.
Staples, iron.
Steam hammers.
Stearine.
Stone cutting and crushing ma-
chines.
Straw, machine pressed, minimum
40 cwt. per waggon.
Strawboard.
Strawboard cuttings, for paper
making.
Studs, iron or steel.
Sugar, in bags, cases, or casks.
Sulphate of copper, e.o.h.p.
Sulphur, e.o.h.p.
Surat bagging, for paper making.
Syrup, in casks.
Tabling, water (cement).
Tallow.
Tares or wrappers, for cotton bales.
Telegraph insulators, earthenware,
packed.
Telegraph stores —
Wrought iron double swivels.
Malleable cast iron double-wall
brackets.
Malleable cast iron saddles.
Terra-cotta caps or stoppers.
Timber, measurement weight.
Tin ore.
Tow, in bales, minimum 60 cwt. per
waggon.
Tow waste, for paper^making.
Treacle.
Trestles, wrought iron.
Turpentine, crude, in casks.
Valves, gas or water, iron or steel.
Vegetables, desiccated, for cattle
food.
Vegetables, in brine.
Vegetables, not packed, e.o.h.p.,
minimum 20 cwt. per waggon.
Verjuice, in casks.
Vinegar, in casks.
Waggon bodies, in pieces bound
together.
CLASSIFICATION OF MERCHANDISE TRAFFIC.
379
Class 1 — continued.
Washing and wringing macliine
rollers.
Washing powder and paste.
Wheelbarrows, in parts.
Wheels, cart and plough, iron or
steel.
Wheels, fly or spur.
Wheels, wheelbarrow, iron or steel.
White lead.
Winches, hand.
Window guards, iron.
Woad.
Wood fibre, in bales.
Wood pulp middles.
Wood treads, in frames for stairs.
Yellow metal plates and sheathing.
Zinc ridges.
Class 2.
Acetate of alumina, in casks or iron
drums.
Acetic or wood acid, in casks.
Acid cresylic, in casks or iron
drums.
Agricultural and portable steam
and traction engines, vertical
steam engines, horizontal steam
engines, steam ploughs, steam
plough vans, steam tram engines,
threshing machines, road rollers,
and harrows.
Agricultural machines and imple-*
ments, incases.
Agricultural seeds.
Ale and porter (bottled) in hampers.
Alkanet root.
Ammonia, liquid, in casks or iron
drums.
Animal guts, in casks.
Annotto, in casks.
Antimony rogulus.
Argils or tartars.
Arrowroot.
Arsenic acid, in casks.
Asbestos.
Axle boxes, brass.
Axles, not in the rough, o.o.h.p.
Bacon and hams, cured, packed.
Bagging, o o.h.p.
Bags, hand, common (hemp).
Bags, paper.
Balusters, iron.
Bark, for tanning, e.o.h.p.
Bark, ground, packed in bag^.
Baskets, iron.
Bass and whisk, for making brooms.
Bass baskets.
Bass mats and bass matting.
Bedsteads, metallic, in cases.
Beef, in brine.
Bees' wax.
Besoms.
Bicarbonate of soda, in boxes,
crates, or hampers.
Biscuits.
Blackberries or brambleberries.
Blacking.
Black lead.
Bleaching liquids, in casks.
Blood, in casks or iron drums.
Blue powder and stone and smalts,
in casks, cases, boxes, or bags.
Boards, made of compressed leather.
Bobbins, in bags.
380
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
Class 2 — continued.
Boilors and boiler fittings, iron or
steel.
Bone-crushing mills.
Bones, e.o.h.p.
Boot and shoe linings, cotton or
linen.
Borax.
Bottle stoppers, wood, packed.
Bottles, earthenware or stoneware.
Bowls, iron, nested or packed.
Brass.
Bread.
Bristles, in boxes, cases, or casks.
Bronze (phosphor or manganese)
castings, and ingots, rough.
Buckets and pails, iron, nested or
packed.
Bungs, wood, or shires.
Buoys.
Butter, in casks, firkins, baskets, or
boxes, or in tubs or cools with
wooden lids.
Cabbages, packed, e.o.h.p.
Caloric engines.
Canary seed.
Candles, e.o.h.p.
Carbolic acid, liquid, in casks or
iron drums.
Carbolic seed dressing.
Carbonate of magnesia.
Carbonate of potash, e.o.h.p.
Cartridge cases, exploded.
Cattle food, prepared.
Celery.
Chains and traces, packed.
Chair wood, rough, undamageable.
Cheese, in boxes, casks, and cases.
Chestnuts, extract of, e.o.h.p.
Chicory.
Chimney pieces, cement or concrete.
China, in casks or crates.
Chlorate of potash.
Chlorate of soda, packed in hampers
or casks.
Chloride of x^tash, packed in
hampers or casks.
Chocolate.
Cider and perry (bottled),inhampers.
Clothes pegs, packed.
Coal scuttles, conmion, iron or gal-
yanised) nested or packed.
Cobalt ore.
Cocoa.
Cocoa-nut fibre, husk, shell, or
matting, packed.
Codilla, e.o.h.p.
Coffee.
Coir junk.
Coir rope.
Colliery screens or tips.
Colours, in C€isks or iron drums, or
in tins packed in cases.
Confectionery, in cases, casks, or
boxes.
Copper.
Com flour, patent.
Corves (small waggons for use in
collieries).
Cotton, raw, e.o.h.p.
Cotton and woollen waste.
Cranberries.
Cranes or cranework.
Crucibles, plumbago or clay.
Curling stones.
Currants (grocers').
Cyanite, in casks or iron drums, or
in tins packed in cases.
Dandelion roots.
Dates.
Delta metal.
Dextrine.
CLASSIFICATION OF MERCHANDISE TRAFFIC.
381
Class 2 — continued.
Dishes, iron.
Distilled water, e.o.h.p.
Dollies and peggies, wooden, for
laundry purposes.
Dripping, in casks, boxes, tins, or
tubs with lids.
Dubbin.
Earthenware, in casks or crates.
Electric accumulators.
Electric insulators.
Emery.
Emery dust.
Emery rollers and emery wheels, in
boxes or cases.
Envelopes, straw, for bottles.
Fat, raw.
Felt (not carpeting).
Figs, dried.
Files or rasps, iron or steel.
Filters, cast iron.
Fire boxes of portable steam and
traction engines.
Fire lighters.
Fish-
Herrings and sprats, in any state,
e.o.h.p.
^yi fish, partially cured, smoked,
or dried, e.o.h.p.
Grabs.
Flag poles or Venetian masts.
Flax, in bales, e.o.h.p.
Flax seed, for sowing.
Flax waste, e.o.h.p.
Fleshings and glue pieces, e.o.Lp.
Flocks.
Flower pots, day, common, un-
glazed.
Forges, portable, in pieces packed
in boxes.
Forges, portable, whole, cased in
iron.
Forks, digging, in cases.
Fruit, crystallised, in boxes, cases,
or casks.
Fruit —
Apples, gooseberries, and pears,
e.o.h.p.
Cherries, raspberries, straw-
berries, in tubs for jam.
Fruit, ripe, e.o.h.p.
Funnels, air or ship.
Fustic liquor.
Gall nuts.
Garancine.
Gas engines, complete.
Gates, iron or wooden, common.
Ginger beer, e.o.h.p.
Glass blocks, for pavement (not
fitted in frames).
Glycerine, in casks or iron drums.
Grates, ovens, ranges, or stoves,
common or kitchen.
Gridirons.
Grindstones, e.o.h.p.
Gums, in mats, bags, casks, or
cases.
Gnn carriages.
Gun metal.
Hair, raw, pressed, in bales or
bags.
Hames.
Harrow shafts, tube iron or tube
steel.
Hay, e.o.h.p., minimum load 30 cwt.
per waggon.
Hay forks, in cases.
Hay rakes, hand, in cases.
Hemp, e.o.h.p.
Hessians, jute.
Hinges, iron, or steel.
Hoes, hand.
382
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
Class 2 — continued.
Hollow- ware, cast iron, nested and
packed.
Hooks, ceiling.
Hooks, clip, galvanised iron.
Hoops, wooden.
Ice.
Ink, except printers', in boxes,
casks, or crates.
Iron liquor or muriate of iron.
Ivory black.
Ivory waste or dust.
Japan wax.
Jars, earthenware or stoneware.
Kitool fibre.
Knife boards.
Ladders, wooden.
Laminated lead.
Lard, in casks, boxes, tins, or tubs
with. lids.
Lasts, wooden.
Lead piping, e.o.h.p.
Leather, undressed, except in cases
or crates.
Lemon and lime juice, in cases or
casks.
Lemons.
Linen waste, e.o.h.p.
Linen yarn, press packed, in
bunches or bales.
Linens, grey, unbleached.
Locomotive engines and tenders,
loaded in railway companies'
waggons.
Logwood liquor.
Machinery, in parts, in cases,
e.o.h.p.
Madders.
Marbles, children's.
Margarine, in casks, firkins, or
boxes, or in tubs with wooden lids.
Millstones, finished.
Mineral and aerated waters, e.o.h.p.
Molliscorium.
Mordant liquors (including alum
liquor, dunging liquor, and red
liquor).
Mungo.
Mushroom pulp.
Mushroom spawn.
Mustard, in casks, cases, boxes, or
bags.
Nails, zinc.
Netting, of iron wire.
Newspapers, in bales.
Nickel ore.
Nitrate of copper, in casks.
Nitrate of iron.
Nuts, e.o.h.p.
Oakum.
Oils, not dangerous, in casks or
iron drums, round or tapered at
one end, e.o.h.p.
Oranges.
Orchilla weed.
Osiers, twigs, and willows, brown.
Paints, in casks or iron drums, or
in tins packed in cases.
Palisades, iron.
Palm leaves.
Paper, emery, sand, and tobacco.
Paper hangings, common, in bales.
Paraffin and petroleum oils, in
owners' tank waggons, not giving
off inflammable vapour under
73° Fahr., when tested in the
manner set forth in the Petro-
leum Act, 1879.
Parian, in casks or crates.
Pelts, e.o.h.p.
Pewter.
CLASSIFICATION OF MERCHANDISE TRAFFIC.
383
Class 2 — continued.
Piassaya, e.o.li.p., minimum 20 cwt.
per waggon.
Pickaxes.
Picker bends.
Pickles, in boxes, cases, or casks.
Pimento.
Piston rods, steel.
Plough shafts, tube iron or tube
steel.
Plumbago.
Polishing paste.
Pork, in brine.
Poultry pens (wire), folded.
Preserves (fish, fruit, meat, and
provisions), in casks, boxes, or
cases.
Printed matter, not bound.
Provender, horse or cattle, e.o.h.p.
Prunes, in casks or mats.
Pumps and pump castings, in cases.
Hags, pulled.
iRailway waggon bodies.
Hailwaj waggon bodies, fitted to-
gether.
Bailway waggon brasses..
!Rain water pipes, for spoutiDgs
and their connexions, cast-iron.
Kaisins.
Heed webbing, for ceilings.
Hevalenta arabica.
Hhubarb and rhubarb roots.
Hizine.
Holls, iron, e.o.h.p.
Hopes.
Hopes, wire.
Sacks.
Sad irons, e.o.h.p.
Safes, iron or steel.
Sago.
Sauces, in boxes, cases, or casks.
Scoops, iron.
Scrap zinc.
Screw propellers.
Scrolls, iron (for fixing springs to
c€trts and carriages).
Scrows, e.o.h.p.
Seal skins, wet and salted.
Seaweed (dry) or alga marina.
Seeds, agricultural, e.o.h.p.
Semolina.
Sheets, wool, new.
Ships' masts.
Ships' ventLLators.
Shoddy.
Shoemakers' wax.
Shot, lead, e.o.h.p.
Shumac liquor.
Signal posts (railway) and materials
belonging thereto.
Silicate cotton or slag wool, e.o.h.p.
Sinks, cast iron, not enamelled.
Size, e.o.h.p.
Slate pencils.
Slates, writing.
Spades and shovels, iron or steel.
Spelter sheets, e.o.h.p.
Spetches, e.o.h.p.
Spirits of tar, in casks or iron
drums.
Spoutings and connexions, iron or
steel.
Stable fittings (except enamelled),
iron or steel.
Stannite of potash.
Stannite of soda.
Staples (wire), for bookbinders.
Starch, in casks, cases, boxes, or
bags.
Steam excavators or steam navvies.
Steel, bars and bundles.
384
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
Glass 2 — continued.
Stone blue, in casks, cases, boxes,
or bags.
Stone, carved for building purposes,
e.o.b.p.
Strickles, in boxes or cases.
Sugar mills.
Tamarinds.
Tapioca.
Tapioca flour.
Tarpaulins.
Tartar, liquid.
Teme metaL
Tin, in blocks, cakes, or ingots.
Tincal.
Tinfoa.
Tin liquor.
Tobacco juice, in casks.
Tobacco leaf, in hogsheads or
tierces.
Tobacco stoves or presses.
Tools, well-boring and pit-boring.
Torch wick.
Tow, in bales, e.o.h.p.
Tow waste, e.o.h.p.
Tubes, coated with brass.
Tubes, electro-coppered.
Tubes, steam, brass or copper.
Tubs, iron.
Tue irons.
Turmeric.
Turpentine, spirits of, in casks or
iron drums.
Twine.
Umbrella sticks, in the rough.
Varnish, in casks or iron drums.
Vegetable wax.
Vegetables, packed, e.o.h.p.
Vices, iron or steeL
Vinegar, in cases.
Walking sticks, in the rough.
Walnuts, green, and husks.
Washers, leather.
Weighing machines, large (those
used for weighing railway or
other vehicles, and also cattle).
Window frames, iron, packed in
cases.
Window shutters, iron or steel.
Wines, British, in casks.
Wire, cotton-covered, in casks,
hampers, cases, and canvas-
covered coils.
Wire, iron or steel, e.o.h.p.
Wire, lead.
Wood, bent, rough, unfinished.
Wool, raw.
Yam, twist, and weft, cotton and
linen, in bales, bags, wrappers,
cases, boxes, skips, or casks.
Yeast, in bags, or in bags in
baskets, hydraulic press packed,
dry.
Yellow metal bolts and nails.
Yellow metal rods.
Zinc bars.
CLASSIFICATION OF MERCHANDISE TRAFFIC.
385
Glass 3.
Ale ooolers.
Algerian fibre (not liydranlio or
steam press packed or machine
pressed) in full truck loads, or in
consignments of 20 cwt.
Alizarine, in casks or iron drums.
Almonds.
American or leather cloth.
Ammonia, liquid, in bottles (other
than carboys) in cases.
Angelica root.
Aniseed.
Apple rings, in slices, dried.
Apples, dry, or pippins.
Arsenic acid, e.o.h.p.
Awl blades.
Bacon and hams, cured, e.o.h.p.
Baking powder.
Baths.
Bayonets.
Beadings and mouldings, gilt
lacquered, or yamished, packed
in boxes.
Bed keys.
Bedsteads, e.o.h.p.
Beehiyes, made of wood.
Bellows, packed.
Bellows pipes.
Bell- ringing (carillon) machinery.
Bells, small.
Belting for machinery.
Bichromate of soda, e.o.h.p.
Bichrome and bichromate of potash,
e.o.h.p.
Bicycle stands, wrought iron.
Bins, com or wine.
Bit burnishers, packed.
Bits, iron or steel.
D.
Bitters, in casks or cases.
Black beer.
Bladders, in casks.
Blankets.
Blanks, bronze and copper, for
stamping for coins.
Blinds, paper.
Blinds, Venetian and chain, in
cases, crates, or frames.
Blowing engines.
Blow pipes.
Blue, laundry, liquid, in boxes,
cases, casks, or iron drums.
Blue paste.
Blue powder and stone and smalts,
e.o.h.p.
Boards, parquet flooring.
Boards, washing.
Bobbins, e.o.h.p.
Bolts, door.
Books, e.o.h.p.
Boothing or stalling.
Boots and shoes, including goloshes,
and leather cut into boot shapes,
in casks, cases, or boxes.
Boracio add.
Bottle jacks.
Bottles and bottle stoppers, glass,
e.o.h.p.
Bowls, wood or iron, e.o.h.p.
Boxes or trunks, tin or sheet iron,
packed in crates or cases.
Boxes, safety.
Box or Italian irons.
Braces, except silk, for wearing
apparel, in bales, packs, or
trusses.
Brands, iron or steel.
c c
386
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
Class 3 — continued.
Brass work, spun or stamped,
packed.
Broom and brush heads, e.o.h.p.
Brooms and brushes, packed.
Brush backs, xylonite.
Buckets and pails, e.o.h.p.
Buckles, iron, steel, or brass.
Buckram.
Bullet moulds.
Busks, wooden, horn, or steel.
Butter, in crocks in wood, or in
crocks when packed with straw
in baskets.
Buttons, except gold, silver, or
plated.
Calicoes.
Calipers.
Candlesticks, brass or iron.
Candlewick.
Canvas.
Cap peaks, not oily.
Caps, men's or boys', except silk,
in bales, packs, or trusses.
Capsules, metal, in cases.
Carbon candles, for electric lighting.
Carbonate of ammonia, in cases.
Card cloth.
Cards, for weaving, packed in oases.
Carpet bag frames.
Carpet bags.
Carpet beating machines.
Carpet lining (cork).
Carpeting.
Carpeting (cork).
Carraway seeds.
Carriage and cart steps.
Carriage and foot warmers.
Cartridge cases, brass.
Castings, brass, German silver, or
nickel.
Castings, iron, light, e.o.h.p.
Castings, sanitary, iron or steel,
for public urinals and water-
closets.
Castings, steel, e.o.h.p.
Castor oil, in boxes.
Castors, of all kinds.
Cellarets, wrought iron.
ChafP, in bags, not for cattle feeding.
Chains, curb or door.
Chalk, French.
Chalk, prepared.
Cheese, e.o.h.p.
Cheese presses.
Chemicals, not dangerous, corro-
sive, or explosive, in casks, iron
drums, bales, or bags.
Chimney pieces, marble or slate,
e.o.h.p.
China, in hampers.
China g^ass (not hydraulic or steam
press packed, or machine
pressed) in full truck loads, or
in consignments of 20 cwt.
Cinder sifters.
Cinnabar ore.
Clasps, book, boot, or belt, except
gold, silver, or plated.
dock dials.
Clogs, in casks, cases, or boxes.
Clothing (exclusive of silk goods),
if packed in trusses, packs, or
bales.
Clothing, for soldiers, police, prison
warders, railway porters, postal,
and telegraph (except busbies or
helmets).
Clothing, waterproof (except oily
canvas clothing).
Cloth, linen packed.
CLASSinCATIOK OP MERCHANDISE TRAFFIC.
387
Glass 3 — continued.
Coach and upholsterers' trinunings,
in packs, trusses, or bales.
Coach fittings, metallic, packed.
Coach wrenches.
Coal scuttles, metallic, packed, in
cases or boxes.
Cob nuts.
Cocoa-nut fibre, husk, shell, or
matting, e.o.h.p.
Cocoa-nuts.
Coffee extract or essence.
Coffee mills, small hand.
Cofiin furniture, metallic.
Coin, copper or bronze.
Collars, dog.
Collars, rush, for horses.
Colliery pulleys.
Colours, in cans, hampers, boxes^
or iron bottles.
Combs.
Copying presses.
Coquilla nuts.
Cordials, in casks or cases.
Coriander seed.
Corkscrews.
Cork shavings or cuttings.
Cork sooks, in boxes, cases, or casks.
Corkwood.
Cornice poles, wood, in bundles,
without rings or ends, not gilt.
Corozzo nuts.
Cotton and linen goods, in bales,
boxes, cases, packs, or trusses,
e.o.h.p.
Cotton and linen thread.
Cotton and woollen slops, in ham-
pers, bales, or boxes.
Cotton wool, dressed and carded.
Crucibles, e.o.h p.
Cummin seed.
CO
Curry combs.
Cutlery.
pyanite, in cans, hampers, boxes,
or iron bottles.
Dies and die stocks.
Dishes, wood.
Drapery, heavy. — Packages con-
taining any of the following
articles : —
American or leather doth.
Blankets.
Boots and shoes, including
goloshes, in casks, cases, or
boxes.
Buckram.
Buttons, except gold, silver, or
plated.
Calicoes.
Carpet bags.
Carpeting.
Clothing, waterproof (except oily
canvas clothing).
Cotton and linen goods, in bales,
boxes, cases, packs, or trusses,
e.o.h.p.
Cotton and linen thread.
Cotton and woollen slops, in
hampers, bales, or boxes.
Druggeting.
Elastic webbing.
Eyelets.
Flannel.
Floor doth, induding oil doth,
boulinikon, kamptulicon, and
linoleum.
Hearth rugs, except skins.
Hooks and eyes.
Huckabacks.
Indfarubber goods, except shoes
and goloshes.
2
388
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
Class 3 — continued.
Drapery — continued.
Laces, boot and stay, cotton or
leather.
linen doth, packed.
Paper collars, cufCs, and shirt
fronts.
Shirts, cotton, woollen, and linen,
in bales, packs, or trusses.
Stays, not silk.
Tapes.
Thimbles, not gold, silver, or
plated.
Wadding, cotton.
Woollen and worsted yam.
Dripping, in crocks in wood, or in
tubs or tins without lids.
Druggeting.
Drugs, in casks, bales, or bags.
Drysalteries, in casks.
Dust preventers.
Dutch metal and leaf.
Dyes, in casks and iron drums.
Earth closets.
Earthenware, in hampers.
Eggs, in boxes, cases, or crates.
Elastic webbing.
Electric batteries.
Electric cable.
Emery rollers and emery wheels,
e.o.h.p.
Esparto grass (not hydraulic or
steam press packed, or machine
pressed), in full truck-loads, or
in consignments of 20 cwt.
Eyelets.
Fenders, packed in crates, cases, or
boxes.
Fenders, kitchen, iron or steel.
Fenders, ships', cork or hemp.
Fents and tabs, cotton and wooUen.
Fern, for litter or packing, e.o.h.p.,
minimum 20 cwt. per waggon.
Ferrules, iron, brass, or steel.
Filberts.
Filters, earthenware.
Fire engines, steam.
Fire escapes.
Fire extinguishers (hand grenade),
packed.
Fire guards, metal.
Fire irons.
Fish, fresh, e.o.h.p.
Fish glue.
Fish hooks.
Flannel.
Flax, e.o.h.p.
Flax straw (not hydraulic or steam
. press packed, or machine pressed),
in full truck loads, or in consign-
ments of 20 cwt.
Floor doth, including oil doth,
boulinikon, kamptulicon, and
linoleum.
Flour- dressing or purifying ma-
chines.
Flower roots (not orchids).
Forges, portable, e.o.h.p.
Forks and spoons.
Forks, toasting, iron.
Fruit, ripe, not hothouse —
Apricots.
Oherries.
Nectarines.
Peaches.
Baspberries.
- Strawberries.
Fustian and corduroy.
Oas fittings, in parts, except brass
and copper tubing.
Gas meters.
CLASSIFICATION OF MERCHANDISB TRAFFIC.
389
Class 3 — caniinued.
Gelatine.
Gbnnan silTer, in sheets.
Qerman silyer wire, in casks and
cases.
Ginger, e.o.li.p.
Gins,^ wheels with frames, for
hoisting purposes.
Ghiss beads.
Glass, crown, rolled, or sheet.
Glass, flint, e.oJL.p
Glass, plate, rongh.
Glass, plate, not silrered.
Gloves, cotton, woollen or worsted,
in bales, packs, or trasses.
GloTcs, rough leather, for labourers.
Glycerine, in cases or boxes.
Glycerine grease, for lubricating
purposes, in tins packed in
wooden cases.
Goat skins, e.o.h.p.
Ghranite, polished or dressed, e.o.h.p.
Grapes, packed in cork-dust or saw-
dust in casks.
(Jrindery.
Groceries, mixed.
Packages consigned as mixed
groceries may include any
grocery artides set out in
classes hereinbefore men-
tioned or in this class, the
following articles in Glass
4:—
Cardamoms.
Citric acid.
Confectionery, e.o.h.p.
Crystallised fruits, e.o.h.p.
Meat pies.
Preserved ginger.
Sausages.
Yeast, e.o.h.p.
and the following in Class 5 : —
Blue, laundry liquid, e.o.h.p.
Groceries — continued.
Cinnamon.
Cloves.
Cochineal.
Cordials, e.o.h.p.
Extract of meat.
Indigo.
Isinglass.
Lard, e.o.h.p.
Nutmegs.
Gums, e.o.h.p.
Gxm barrels, rough.
Gun locks and gun furniture.
Gun stocks.
Gun wads.
Guns, machine, in cases.
Gutta percha, raw.
Guttering or corrugating machines,
e.o.h.p.
Hair, for manufacturing purposes,
e.o.h.p.
Hair doth.
Hammer heads, e.o.h.p.
Hammers (not steam), e.o.h.p.
Handcuffs.
Handles, chest and saucepan.
Harness fittings, metallic packed.
Harness or saddlery, in tin-lined
cases or casks.
Hardware — ^Packages containing
any hardware artides (not gol^
silver, or plated) set out in
classes hereinbefore men-
tioned, or in this class, and
any of the following articles (not
gold, silver, or plated), viz. : —
Awl blades.
Bayonets.
Bed keys.
Bedsteads, metallic, in strawed
bundles.
390
PROVISIONAL OBDBBS OF THE BOARD OF TRADE.
Class 3 — continued,
Hardware^con^tnti^c?.
Bellows, packed.
Bellows pipes.
Bells, small.
Bicycle stands, wrought iron.
Bit bumisliers; packed.
Bits, iron or steeL
Blanks, bronze and copper, for
stamping for coins.
Blow pipes.
Bolts, door.
Bottle jacks.
Boxes, safety.
Boxes or trunks, tin or sheet iron,
packed in crates or cases.
Box or Italian irons.
Brands, iron or steeL
Brasswork, spun or stamped,
packed.
Buckles, brass, steel, or iron.
Ballet moulds.
Busks, wooden, horn, or steel.
Buttons.
Calipers.
Candlesticks, brass or iron.
Carpet bag frames.
Carriage and foot warmers.
Cartridge cases, brass.
Cart steps.
Castings, brass, German silver,
or nickel.
Castors, of all kinds.
Chains, curb or door.
Cinder sifters.
Clasps, book, boot, or belt.
Coach fittings, metallic, packed.
Coach wrenches.
Coal scuttles, metallic, packed in
cases or boxes.
Coffee mills, small hand.
Hardware — continued.
Coffin furniture, metallic.
Collars, dog.
Copying presses.
Corkscrews.
Curry combs.
Dies and die stocks.
Dust preventers.
Eyelets.
Fenders, packed in crates, cases,
or boxes.
Ferrules, iron, brass, or steel.
Fire guards (metal).
Fire irons.
Fish hooks.
Forks and spoons, metal.
Forks, toasting, iron.
Oas fittings, in parts, except
brass and copper tubing.
Gins, wheels, with frames for
hoisting purposes.
Grindery.
Gun barrels, rough.
Gun locks and gun furniture.
Hammer heads, packed.
Hammers, not steam, e.o.h.p.
Handcufb.
Handles, chest and saucepan.
Harness fittings, metallic, packed.
Hat and umbreUa stands, cast-
iron.
Hay forks, in bundles.
Hinges, brass.
Hooks, boot and button, hat and
coat, and reaping.
Hooks and eyes.
Horse clippers, packed in casks
or cases.
Jacks, small.
Japanned ware, in casks or oa«M.
CLASSIFICATION OF HEBCHANDISB TRAFFIC.
391
Class 3 — eofUinued.
Hardware — continued.
Kitchen fireplace stands.
Knitting pins.
Knives or blades for catting ma-
chines.
Knobs, range, iron or steel.
Knobs, door.
Knockers, door.
Ladles, not puddlers', iron.
Lamp burners.
Lanterns, tin or iron.
Latches, door.
Locks and keys.
Magnets.
Match boxes, japanned or ena*
melled tin, new, emptj, packed.
Matchetts.
Medals, brass or copper.
Military ornaments.
Mortars and pestles, iron or steel.
Nails and rivets, brass or copper.
Needles (in tin-lined cases).
Nut-crackers.
Ornaments for saddleiy, brass,
iron, or steel.
Ornaments for uniform.
Pans, ash.
Pans, copper, for closets.
Pans, dust.
Pans, warming.
Patten rings.
Patterns, travellers', hardware.
Percussion cap shells.
Pins, metal, in boxes.
Plates, door.
Plates, iron, enamelled.
PHers
Powder flasks.
Pulley blocks, iron.
Hardware — continued.
Pulleys, iron.
Pumps, hand, brass.
BaU^ay carriage keys.
Refrigerators.
Biddies.
Saddletrees.
Scales and weights, letter.
Screws, brass, copper, or zinc.
Screws, table expanding.
Scythe blades.
Scythes and sickles.
Shears, garden and sheep.
Ships' logs, metal.
Shoe horns and pegs, metallic.
Show tablets, metal, enamelled.
Skates.
SkeWers, iron or steel.
Snuffers, iron or steel.
Spanners.
Spittoons, iron.
Spring balances.
Springs, chair, sofa, mattress,
door, or cart.
Spurs.
Stair rods.
Steelyards.
Stirrups.
Sugar nippers.
Sweat scrapers, packed.
Syringes, garden.
Tacks.
Taper holders, metal.
Taps, brass.
Terrets.
Thimbles.
Tinware, in casks or cases.
Tips, brassed, for boot heels.
Tobacco boxes, metal.
392
PROVISIONAL ORDBBS OF THE BOARD OF TRADE.
Class 3 — continued.
'Hardware— continued.
Tools, carpenters', coopers', edge,
joiners', masons', and sliip-
wrights'.
Traps, sinlc, brass or copper.
Traps, yermin.
Trays, iron or steel.
Triyets, iron or steel.
Trouser stretchers, iron, portable.
Trowels.
Tubes, brass or copper (except
steam tubes), packed.
Umbrella fitting^.
Umbrella stretchers.
Yalyes, brass.
Ventilators, small, iron or brass,
for buildings, packed.
Washers, brass or copper.
Weights, brass.
Wire, copper or brass, packed in
cases or casks, or in bags.
Hassocks.
Hat and umbrella stands, cast-iron.
Hats, rush, in bales, trusses, and
hampers.
Hay forks, in bundles.
Hay rakes, hand, e.o.h.p.
Hearthrugs, except skins.
Heel balls, shoemakers'.
Helmets, metal, in cases or boxes.
Herbs, green.
Hides, e.o.h.p.
Hinges, brass.
HoUow-ware, iron, indudingkettles,
pans, maslinfl (pots for boiling
fruit), and water cans, in casks
or crates.
Honey, in casks, or in jars packed
in crates or cases.
Hoofs, horns, and horn tips, buffalo,
cow, goat, ox, and sheep, e.o.h.p.
Hooks and eyes.
Hooks, boot, button, hat, coat,
reaping.
Hops.
Horse clippers, packed in casks or
cases.
Hosiery, in bales, packs, or trusses.
Huckabacks.
Hurdles, iron or steel, on wheels.
India rubber goods, except shoes
and goloshes.
India rubber, raw.
Ink, printers'.
Jacks, small.
Japanned ware, in casks or cases.
Jews' harps.
Joiners' work (common wood) —
Beadings and mouldings (not
gilt, lacquered or yamished),
doors and door frames, fittings
and fixtures for buildings, stair-
cases, balusters and hand rails,
window sashes and frames and
shutters.
Juniper berries.
Xips, e.o.h.p.
Kitchen fireplace stands.
Knitting pins.
Kniyes or blades for cutting
machines.
Ejiobs, range, iron or steel.
Ejiobs, door.
Ejiockers, door.
Laces, boot or stay, cotton or
leather.
Ladles (not puddlers'), iron.
Lamp black.
CLASSIPICATION OF MBBCHANDI8B TRAFFIC.
393
Class 8 — continued.
Lamp burners.
Lamp chimneys (glass).
Lamp frames (street).
Lamp reflectors, enamelled iron.
Lamp wick.
Lamps, paraffin, in parts (except
china or earthenware) packed m
casks and cases.
Lanterns, tin or iron.
Lard, in bladders, in crocks, in
wood or in tubs, or tins without
lids.
Latches, door.
Lavatory stands and basins, earthen-
ware, complete, enamelled.
Lawn mowers, packed.
Lead pencils.
Leather, e.o.h.p.
Lemon and lime juice, e.o.h.p.
Life buoys.
Limestone, polished or dressed.
Lime water, e.o.h.p.
Lincrusta and anaglypta (decora-
tive wall papers).
Linen doth, packed,
linen yam or grey linen, e.o.h.p«
Liquorice.
Locks and keys.
Looking glass frames (common),
wood (not gilded or Dutch
metalled),*
Maccaroni.
Machines, fitted up, packed, e.o.h.p.
Magnesia.
Magnets.
Marble, packed, and in slabs
cemented together.
Margarine, in crocks in wood, or in
crocks when packed with straw in
baskets.
Marquees or tents.
Mastic.
Match boxes, japanned or enamelled
tin, new, empty packed.
Matchetts.
Medals, brass or copper.
Mats and matting, e.o.h.p.
Meg^s (not hydraulic or steam
press packed, or machine press-
ed), in full truck loads, or in
consignments of 20 cwt.
Merinoes, in bales, packs, or trusses.
Mexican fibre (not hydraulic or
steam press packed, or machine
pressed), in full truck loads, or in
consignments of 20 cwt.
Mica.
Military ornaments, except gold,
silver, or plated.
Milk.
Milk cans and pans.
Millboard roUers (for winding paper
in cases).
Mops.
Mortars and pestles, iron or steel.
Mortars and pestles, marble.
Moss, packed.
Muslin, book, if packed in bales,
packs, or trusses.
Mustard, e.o.h.p.
Nails and rivets, brass or copper.
Needles (in tin-lined cases).
Netting, cotton and twine.
Nickel.
Nitrate'of baryta.
Nut crackers, except gold, silver,
or plated.
Oars.
Oils, not dangerous, e.o.h.p.
Oleic acid, in casks.
• Intheaohedtileflof G.E.R.,G. N.R., G.W.B.,L.&N.W. R.,L.&S.W.R.,L.B. &
S. G.B.,L. 0. 4;D. B., Mid.B.,andS.E. R. the woxds ** not gilded** only axeinbnokets.
394
PROVISIONAL OKDEUS OF THE BOARD OF TRAUE.
Class 3 — continued,
Oroaments for saddlery, brass, iron,
or steel.
Ornaments for uniform, except gold,
silver, or plated.
Osiers, twigs, and willows, wliite or
stained.
Osnaburgs.
Oxalic acid.
Paints, in cans, hampers, boxes, or
iron bottles.
Palliasses, straw.
Palmetto leaf (not hydraulic or
steam press packed, or machine
pressed), in full truck loads, or in
consignments of 20 cwt.
Pans, ash.
Pans, chemical and dye, iron or steel.
Pans, copper, for closets.
Pans, dust.
Pans, earthenware or iron, for sani-
tary purposes.
Pans, warming.
Paper, e.o.h.p.
Paper collars, cuffs, and shirt fronts.
Paper, gummed for labels.
Paper hangings, e.o.h.p.
Paper tubes, for cops.
Parian, in hampers.
Patten rings.
Pattens, in casks, cases, or boxes.
Patterns, travellers' hardware.
Pearl shells.
Penholders, wood or metal (except
gold, silver, or plated).
Pepper.
Percussion cap shells.
Percussion caps, uncharged.
Petroleum grease or petroleum jelly.
Piassava, e.o.h.p.
Pickles, e.o.h.p.
Picture frames, common, wood (not
gilded) or Dutch metalled.
Pins, metal.
Plants, e.o.h.p.
Plates, door.
Plates, iron, enamelled.
Pliers.
Powder flasks.
Preserves (fish, fruit, meat, and
provisions), e.o.h.p., in crates or
baskets.
Pulley blocks, wood or iron.
Pulleys, iron.
Pumps and pump castings, e.o.h.p.
Pumps, hand, brass.
Quicks, e.o.h.p.
Babbit fur, or hatters' wool.
Baffia.
Bailway cards and tickets.
Bailway carriage keys.
Beels, for garden hose.
Befrigerators.
Bennet.
Bick poles and covers.
Biddies.
Boad scraping and road sweeping
machines.
Bock, crystal.
Bugs, hearth, except skin.
Saddlery or harness, in tin-lined
cases or casks.
Saddletrees.
Sauces, e.o.h.p.
Saw-bench machines, portable,
packed.
Scale beams and scales.
Scales and weights, letter.
Scoops, wood.
Screw jacks, except iron.
Screws, brass, copper, or zinc.
CLASSIFICATION OF MBRCHANDISB TRAFFIC.
395
Class 3 — continued.
Screws, table expanding.
Scythe blades.
Scjthee and sickles.
Scythe sneds or handles.
Sealing wax.
Seaweed, edible.
Sewing machines, in parts, packed.
Sewing machine stands, in parts,
packed in cases or frames.
Shafts, cart.
Shafts, gig, carriage, or dog cart,
not painted nor varnished.
Shavings, wood.
Shears, garden and sheep.
Sheepskins, e.o.h.p.
Sheet steel.
Shellac.
Shells.
Ships' blocks.
Ships' logs, metal.
Ships' sails, finished.
Shirts, cotton, woollen, and linen, in
bales, packs, trusses, andhampers.
Shoe horns and pegs.
Shoes and boots, including goloshes
and leather cut into shoe shapes,
in casks, cases, or boxes.
Shot belts.
Show cards (cardboard), unframed.
Show tablets, metal, enamelled.
Shutters, revolving, wooden.
Shuttles, weavers'.
Silver ore.
Sinks, enamelled.
Skates.
Skewers, iron or steel.
Skins, hare and rabbit.
Slate beds of billiard tables, packed
incases.
Slate dabs, e.ch.p.
Snuffers, iron or steel.
Spanners.
Spindles, in boxes.
Spirits, in casks or cases.
Spittoons, iron.
Splints, wood for matches.
Spring balances.
Springs, chair, sofa, mattress, door,
or cart.
Spurs, not plated.
Squeegees, for cleaning ships'
decks, &c.
Stable fittings and mangers, iron
enamelled.
Stair rods.
Starch, e.o.h.p.
Stationeiy, e.o.h.p.
Stays, not silk, for wearing apparel.
Steelyards.
Stills, iron.
Stirrups.
Stone blue, e.o.h.p.
Stoves, g^s or oil.
Straw (not hydraulic or steam press
packed, or machine pressed), in
full truck loads, or in consign-
ments of 20 cwt.
Strickles, e.o.h.p.
Stuff goods, in bales, packs, or
trusses.
Sugar, e.o.h.p.
Sugar candy.
Sugar nippers, except gold, silver,
or plated.
Sweat scrapers, packed.
Syringes, garden.
Syrup, in oases, in tins, in baskets,
or in stone bottles packed, in
crates or hampers.
Tables, cast iron or steel, in parts.
396
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
Class 3 — continued.
Tacks.
Talc.
Taper holders, metal.
Tapes.
Taps, brass.
Tea.
Terrets.
Thimbles, except gold, silver, or
plated.
Thread, cotton and linen.
Tinware, in casks or cases.
Tips, brassed, for boot heels.
Toasting forks, iron or steel.
Tobacco boxes, metal.
Tobacco juice, e.o.h.p.
Tobacco leaf, e.o.h.p.
Tools, cai*penters', coopers', edge,
joiners', masons', and ship-
wrights'.
Tow, e.o.h.p.
Toys, packed.
Traps, sink, brass or copper.
Traps, vermin.
Trays, iron or steel.
Trellis work (wood), in bundles.
Trivets, iron or steel.
Troughs, bakers', wooden.
Troughs, cattle and other, iron or
. steel.
Trouser stretchers, iron, portable.
Trowels.
Tubes, brass or copper (except
steam), packed.
Tubs, washing.
Tubs, wood.
Turnery ware.
Type.
Umbrella fittings.
Umbrella stretchers.
Yalves, brass.
Varnish, e.o.h.p.
Vaseline.
Vegetable ivory.
Velvet, cotton, in bales, packs, or
trusses.
Ventilators, small, iron or brass,
for buildings, packed.
Vermicelli.
Vinegar, e.o.h.p.
Wadding, cotton.
Washers, brass or copper.
Wash leather.
Wash stand tops, marble, packed.
Washing and wringing machines,
packed.
Water meters.
Weighing machines, small (those
used for weighing packages and
goods).
Weights, brass.
Wheelbarrows.
Wheels, rudder or steering, in cases,
crates, or frames.
Whetstones and honestones.
Whisks, packed.
Winches, steam.
Window frames, iron, e.o.h.p.
Wines, British, e.o.h.p.
Wines, in casks or cases.
Wire, copper or brass, packed in
cases or casks, or in bags.
Wood, bent, e.o.h.p.
Wool, dressed or carded.
Woollen and worsted goods, in
bales, packs, or trusses.
Woollen cloth, in bales, packs, or
trusses.
Xylonite.
Tarns, twist and weft (except silk).
Yellow or Persian berries.
CLASSIFICATION OF MBRCHANDISE TKAFFIC.
397
Class 4.
Agricultural machines and imple-
ments) e.o.lL.p.
Alabaster.
Albumen.
Algerian fibre, e.cli.p.
Alizarine, e.o.b.p.
Ammonia, liquid, in bottles (other
than carboys) in hampers.
Anchoyies.
Annotto, e.o.h.p.
Anthracene, e.o.h.p.
Asparagus.
Bacon and hams, fresh or green.
Bags, leather.
Beef wine, in boxes.
Beehives, straw.
Beer engines.
Bellows, e.o.h.p.
Bells, e.o.h.p.
Billiard cues, in bimdles.
Blinds, Venetian and chain, e.o.h.p.
Boilers, copper.
Books, boimd or half bound in calf,
morocco, roan, russia, or law calf.
Boots and shoes, including goloshes
and leather cut into boot shapes,
in hampers (white rod).
Braces, for wearing apparel, not
silk, e.o.h.p.
Bristles, e.o.h.p.
Britannia metal goods.
Bronze powder.
Brooms and brushes, e.o.h.p.
Bungs and corks.
Butter, in flats or hampers, or in
tubs or cools without lids.
Candles, wax.
Canes and rattans.
Caps, men's or boys' (except silk),
in boxes or cases.
Caravans (showmen's or hawkers')
and vans containing steam round-
abouts.
Carbolic acid, solid.
Carboys, gutta peroha.
Cardamoms,
Cats' and dogs' meat.
Cattle cribs.
Chaff, e.ch.p.
Chairs and seats, garden, e.o.h.p.
Chairs, common, folding, in boxes,
cases, crates and parcels.
Chemicals, not dangerous, corrosive,
or explosive, in boxes or hampers.
Chimney pieces, metal, unpacked.
Chimney tops, iron or zinc.
China g^ass, e.o.h.p.
China, in boxes or cases.
Chums and churning machines.
Cisterns.
Citric acid.
Clocks, turret and church.
Clogs, e.o.h.p.
Cloth, linen, bleached, tied in bun-
dles, but not protected by wrap-
pers, or not packed.
Clothing (exclusive of silk goods),
e.ch.p.
Coach and upholsterers' trimmings,
e.o.h.p.
Coal scuttles, e.o.h.p.
Cobalt.
Coffee carts or stalls on wheels.
Confectionery, e.o.h.p.
Com cmshers.
Cricket implements.
398
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
Class 4 — contint^d.
Croquet implements.
Crystallised fruit, e.o.h.p.
Curtains, cotton, laoe.
Dandy rollers, in cases for paper
mills.
Drapery, light — ^Packages contain-
ing any drapery articles set out
in classes hereinbefore men-
tioned, and in this dass, and
any of the following articles : —
Bags (leather, ladies' hand,
courier, and travelling).
Braces, not silk, for wearing
apparel.
Carpeting exceeding fifteen feet
in length, packed in cases.
Cloth, woollen.
Clothing (exclusive of silk
goods), e.o.h.p.
Coach and upholsterers' trim-
mings.
Gloves, cotton, wooUen, and
worsted.
Haberdashery.
Hosiery.
]Muslins (book).
Needles.
Stuff goods.
Umbrellas.
Woollen and worsted goods.
Dripping, in bladders.
Druggists' sundries, in mixed pack-
ages.
Drugs, in boxes or hampers.
Drysalteries, e.ch.p.
Dye extracts.
Dyes, e.o.h.p.
Earthenware, in boxes or cases.
Eggs, e.o.h.p.
Esparto grass, e.o.h.p.
Extract of malt.
Felt hat bodies.
Fire engines, e.o.h.p.
Fish, fresh —
Brill, grayling, lobsters, oysters,
prawns, red mullet, salmon,
smelt, soles, trout, turbot,
whitebait.
Flax in the straw.
Flax straw, e.o.h.p.
Flower roots, e.o.h.p.
Flower stands, wrought-iron.
Fluid, disinfecting, in bottles ;
packed in cases of hampers, or
in basketed jars.
Footballs.
Frilling machines, in parts packed.
Fruit-cleaning machines.
Furniture, in vans, carts, or road
Oarden arches.
Garden engines.
Glasshouse pots.
Glass, in boxes or cases, e.o Ji.p.
Glass, prepared, for photographers.
Globes, moons, or shades, glass,
common.
Gloves, cotton, woollen, and worsted,
e.o.h.p.
Gold size.
Golf clubs.
Grates, ovens, ranges, or stoves,
polished.
Gravestones or tombstones.
Gun barrels, e.o.h.p.
Guns.
Gutta-percha goods.
Guttering or corrugating machines,
not packed.
Haberdashery.
CLASSIFICATION OF HEltCHANDISB TRAFFIC.
399
Class 4 — continued.
Hand carts.
HandmiUs.
Hares, dead.
Harness, e.o.li.p.
Hat leathers.
Hats, soft felt.
Hawkers' packs and trusses.
Hollow-ware,iron, includingkettles,
pans, inaslins (pots lor boiling Mexican fibre, e.o.li.p.
fruit), and water cans, e.o.h.p. Mincing machines.
Margarine, in baskets, flats, or ham-
pers, or in tubs without lids.
Mats, skin.
Mattresses.
Meat, fresh.
Meat pies.
Meat safes.
Megass, e.o.h.p.
Honey, e.o.h.p.
Hop bitters.
Hose, leather and canvas.
Hosiery, e.o.h.p.
Household linen and wearing ap-
parel (exclusiye of silk goods),
e.o.h.p.
Incubators, complete.
Jnk, e.o.h.p.
Japanned ware, e.ch.p.
Kilting machines, in parts, packed.
Elnapsacks, soldiers'.
Knitting machines, in parts, packed.
Lac.
Lace, British, not silk.
Laces, boot or stay, e.o.h.p.
Lamps.
Lawn mowers, not packed.
Lawn tennis implements.
Leather leggings.
Lint.
Lithographic stones.
Looms, not packed.
I^uggago or baggage, personal.
Machinery, in parts, not packed,
e.o.h.p.
Machines, fitted up, not packed,
e.o.h.p.
Malt crushers.
Maps, in boxes or cases.
Mushrooms.
Muslin, book, e.o.h.p.
Needles, e.o.h.p.
Oleic acid, e.ch.p.
Palmetto leaf, e.o.h.p.
Panoramas and theatrical scenery.
Pans, copper.
Parian, in boxes or cases.
Pattens, e.o.h.p.
Patterns, wood, for castings.
Pens, steel.
Perforating and paper-cutting ma-
chines.
Pine apples, not hothouse, packed.
Pipes, brass and copper.
Pipes, smoking.
Pistols.
Plaiting machines, in parts, packed.
Plated goods.
Plums (dried), in fancy boxes.
Porcelain.
Poultry, dead.
Preserved ginger.
Preserves (fish, fruit, meat, and
provisions), e.o.h.p.
Babbits, dead.
Bazor strops.
Eeeds and rushes.
Beflectors, glass, with metal backs.
Bifles.
400
PROVISIONAL ORDERS OF THE BOARD OF TRADE.
Class 4 — continued.
EoUers, type printers'.
Saddlery, e.o.h.p.
Sausages and saveloys. -
Saw-bench machines, portable, not
packed.
Seal skins, e.o.h.p.
Seeds, e.o.h.p.
Sewing machine stands, 6.o.h.p.
Shafts, gig, carriage, or dog cart,
e.o.h.p.
Sheep racks.
Shirts, e.o.h.p.
Shoes and boots, including goloshes
and leather cut into shoe shapes,
in hampers (white rod).
Show cards, e.o.h.p.
Shrubs and trees, e.o.h.p.
Skins, fine, including deer, fox, kid,
musquash, and nutria.
Snuff.
Spades and shorels, wooden.
Spermaceti.
Spindles, e.o.h.p..
Spirits, in hampers.
Spirits of tar, e.ch.p.
Stag horns.
Steam gauges.
Stereotype casts.
Stills, copper.
Stone, decorative, carved for deco-
rating the interior of buildings.
Stoves, fire-clay tile.
Straw, e.o.h.p.
Stufi goods, e.o.h.p.
Swing boats and hobby horses.
Tables, cast iron or cast steel.
Tanks.
Tartaric acid.
Telegraph instruments, packed.
Telephone apparatus, packed.
Textile fabrics, made of mixed
cotton, linen, wool, or similar
materials.
Theatriccd luggage.
Tiles, art.
Tin crystals.
Tin ware, e.o.h.p.
Tobacco, manufactured, except
cigars and cigarettes.
Tomatoes.
Toys, e.o.h.p.
Tubes, tin and zinc.
Tubing, brass or copper, e.o.h.p.
Ultramarine.
Umbrellas.
Umbrella sticks, e.o.h.p.
Vans, commercial travellers'.
Vats.
Vegetable washing machines.
Vegetables, hothouse, packed.
Veneers.
Venison.
Verdigris.
Walking sticks, e.o.h.p.
Warps, except silk.
Washing and wringing machines,
not packed.
Whalebone.
Wheels, cart, coach, and carriage.
Wheels, rudder or steering, e.o.h.p.
Wines, in hampers.
Wire, insulated.
Wire, polished or needle.
Wire gauze.
Woodwork for the manufacture of
organs.
Woodwork for the manufacture of
pianos.
Woollen and worsted goods, e.o.h.p.
Woollen cloth, e.o.h.p.
Yeast, e.o.h.p.
CLASSIFICATION OF MERCHANDISE TRAFFIC.
401
Class 6.
Acetic or wood add, e.o.h4p.
Alnmininm .
Amber.
Ammonis, liquid, e.ch.p.
Animals and birds, stuffed, in cases.
Aquaria, glass.
Artificial flowers.
Bagatelle tables.
Balloons.
Bark, not for tanning, e.o.h.p.
Barometers.
Baskets, e.oJi.p.
Bath chairs.
Beadings and mouldings, gilt, lac-
quered, or Tarnished, e.o.h.p.
Beds and bedding.
Bicjdes.
Billiard tables.
Bird cages.
Bismuth.
Blue, laundry, liquid, e.ch.p.
Boats and canoes.
Boots and shoes, including goloshes
and leatiber cut into boot shapes,
e.o.h.p.
Boxes, e.o.h.p.
Butter, in crocks, e.o.h.p.
Caps, e.o.h.p.
Carbolic acid, liquid, e.o.h.p.
Carboys, glass.
Cards, for carding machines, e.o.h.p.
Carriage bodies, e.o.h.p.
Chairs and seats, e.o.h.p.
Chandeliers and gasaliers.
Chemicals, not dangerous, oorrosiTe,
or ezplosiye, e.o.h.p.
Chloride of gold, in boxes, for
photographers.
D.
Cigars and cigarettes.
Cinnamon.
dock cases.
Clocks, e.o.h.p.
Cloves.
Cochineal.
Coffins.
Collodion cotton, in bottles packed
incases.
Colours, in jars.
Conserratories and hotibouses, in
parts.
Cordials, e.o.h.p.
Cork socks, e.o.h.p.
Crape.
Cyanite, in jars.
Dripping, in crocks, e.o.h.p.
Drugs, e.o.h.p.
Dyes, in glass carboys.
Empty cases, casks, crates, hampers,
and other empties, e.o.h.p.
Engrayings.
Evergreens.
Extract of meat.
Feathers.
Fenders, e.o.h.p.
Figures, casts, or ornaments, ala-
baster, bronze, gypsum, plaster,
stucco, or terra cotta.
Figures, flowers, and heads, wax.
Flowers, cut.
Flower stands, e.o.h.p.
Frilling machines, fitted up, packed.
Fruit, hothouse.
Furniture, e.o.h.p.
Furs.
Game.
Glass, cut, ornamental, for doors.
D D
402
PROVISIONAL OEDBES OF THE BOARD OF TRADE.
Glass 6 — continued.
Glass, plate, silvered.
Glass, stained.
Globes, for educational purposes.
Globes, moons, or shades, glass,
e.o.b.p.
Gloves, e.o.li.p.
Glycerine, e.o.li.p.
Hair, for bead dressing.
Hat and umbrella stands, wood.
Hats, except soft felt and rush.
Helmets, felt, in cases or boxes.
Horses, dead.
Indigo.
Isinglass.
Ivory, e.o.h.p.
Jet.
Kilting machines, fitted up, packed.
Knittingmachines, fitted up, packed.
Lace.
Lard, e.o.h.p.
Looking glass frames, e.o.h.p.
Looking glasses and mirrors, glass.
Lustres and vases, glass.
Magnesium metal.
Maps, e.o.h.p.
Margarine, in crocks, e.o.h.p.
Match boxes, empty, e.o.h.p.
Military ornaments, e.o.h.p.
Millineiy.
Models, day.
Morphia, in bottles in hampers.
Mose, e.o.h.p.
Musical instruments.
Muslins.
Nitrate of copper, in jars or stone
bottles, covered with wicker
basket work.
Nitrate of silver, in boxes, for
photographers.
Nut crackers, e.o.h.p.
Nutmegs.
Optical instruments.
Organs and oi^^ work.
Ornaments for uniform, e.o.h.p.
Overmantels, cast iron, with mirrors.
Paints, in jars.
Papier mach6 goods.
Parchment.
Penholders, e.o.h.p.
Perambulators, complete or in parts.
Perfumery.
Phosphorus paste (vermin killer),
packed.
Photographic apparatus.
Picture frames, e.o.h.p.
Pictures.
Pine apples, e.o.h.p.
Plaiting machines, fitted up, packed.
Plants and shrubs (garden) in
baskets, mats, pots, or tubs.
Platinum.
Plush, silk.
Portmanteaus:
Poultry, alive.
Quicksilver.
Quills.
Betorts, glass.
Kibbons.
Booking horses.
BoUers, brass or copper.
Seal skins, made into articles of
wearing apparel.
Serpentine, manufactured, packed.
Sewing machines, fitted up, packed.
Shoes and boots, including goloshes
and leather cut into shoe shapes,
e.o.h.p.
Show cases for shops, glass and
woodwork.
Silk.
CLASSIFICATION OF MEBCHANDISB TRAFFIC.
403
Glass 6 — continued.
Silver precipitate.
Spirits, e.o.h.p.
Sponges.
Straw goods, induding straw
and straw bonnets.
Straw plait.
Sugar nippers, e.o.h.p.
Summer bouses.
Surgical instruments.
Teazles.
Telescopes.
Tbermometers.
TbimbleSy e.o.b.p.
Tonquin beans.
Tortoiseshell.
Tricycles and velocipedes,
hats Trunks.
Turpentine, spirits of, e.o.b.p.
Turtle.
Velvet, e.o.b.p.
Ventilators, e.o.b.p.
Watcb glasses.
Wines, e.o.b.p.
Woodwork, carved, for decorating
tbe interior of buildings.
Yolk of eggs.
1)1)2
401 ALFHABBTICAI. CLASSIFICATIOH.
OP
MERCHANDISE TRAFFIC
AEEANGBD ALPHABETICALLY.
Where in this list the letters e.o.h.p. are placed after the designation of any
article, they mean " except otherwise herein provided."
Note, — ^The following alphabetical dassification has been arranged for convenient
reference, and has several cross-references which do not occur in the classi-
fication which appears in the Acts. The wording of the classification in the
Acts has been followed as &r as possible, but in considering any doubtful
or difficult question arising on the classification it will be well to refer to
the classification as it appears therein, which will be found pages 365—403.
Class A.
Tracks. The provision of trucks is not included in the
maximum rates applicable to merchandise specified in
Class A. [Provisional Order, clause 2, sub-sect. a].
Class A. is applicable to consignments of four tons and
upwards.
Less than When merchandise specified in Class A. is con-
four tons. ^^^^ -^ quantities of less than four tons and not
less than two tons, the company may charge for such con-
signment the conveyance rates applicable to Class B., and
if less than two tons the conveyance rates applicable to
Class C. ; provided that the company shall not charge more
than as for a consignment of four tons or two tons re-
spectively.
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 405
Class B.
TniokB. The maximum rate for articles in Class B. and
the classes above includes the provision of trucks [Pro-
visional Order, clause 2],
The company is not, however, required to provide trucks
for the conveyance of lime in bulk or salt in bulk, or of
the following articles when carried in such a manner as to
injure the trucks, that is to say :
Ammoniacal liquor.
Creosote.
Coal tar.
Oas tar.
Oas water; or
(bravely tarred for paving.
but where for the conveyance of merchandise other than
merchandise in Class A. the company do not provide
trucks, the rate authorised for conveyance must be reduced
[Provisional Order, clause 2, sub-sect. 6].
Class B. is applicable to consignments of four tons and
upwards.
Lem than When merchandise specified in Class B. is con-
signed in quantities of less than four tons and not
less than two tons, the company may charge for such consign-
ment the conveyance rates applicable to Class C, and if less
than two tons the conveyance rates applicable to Class 1 ;
provided that the company shall not charere more than as
for a consignment of four tons or two tons respectively.
Class C.
Class C. is applicable to consignments of two tons and
upwards.
When merchandise specified in Class C. is consigned in
quantities of less than two tons, the company may charge
406
ALPHABETICAL CLASSIFICATION.
for such consignment the conveyance rates applicable to
Class 1 ; provided that the company shall not charge more
than as for a consignment of two tons.
Acetate of alamina, in casks or
iron drums d. 2
Acetate of lead or sugar of
lead d. 1
Acetate of lime C
Acetate of soda d. 1
Acetic or wood acid, in casks, .d. 2
Acetic or wood add, e.o.li.p. • .d. S
Add, tartaric cL 4
Add, cresjlic, in casks, or iron
drums • d. 2
Acorns cl. 1
Agricultural and portable steam
and traction engines, vertical
steam engines, horizontal steam
engines, steam ploughs, steam
plough Tans, steam tram en-
gines, threshing machines, road
rollers, and harrows d. 2
Agricultural machines and imple-
ments, in cases d. 2
Agricultural machines and imple-
ments, e.ch.p d. 4
Agricultural seeds d. 2
Alabaster cl. 4
Alabaster stone, in lumps, un-
ground B
Albumen d. 4
Ale and porter, in casks d. 1
Ale and porter, bottled, in cases
or casks cl. 1
Ale and porter, bottled, in ham-
pers d. 2
Ale coolers d. 3
Algaroyilla C
Algerian fibre (not hydraulic or
steam press - packea), in full
truck loads or in consignments
of 20 cwt d. 3
Algerian fibre, hydraulic or steam
press packed C
Algerian fibre, machine pressed cL 1
Algerian fibre, e.o.h.p d. 4
Alizarine, in casks or iron
drums d. 3
Alizarine, e.o.h.p d. 4
Alkanet root cL 2
Almonds d. 8
Alum C
Alum cake C
Alum waste C
Alumina, hydrate of, or bauxite. . C
Alumina water • • C
Aluminium d. 6
Aluminof eixic C
Aluminoeilic C
Amber d. 6
American or leather doth . . . .d. 3
Ammonia, liquid, in casks or iron
drums d. 2
Ammonia, in bottles other than
carboys, in cases cl. 3
Ammonia, in bottles other than
carboys, in hampers d. 4
Ammonia, e.o.h.p d. 6
Anmionia, muriate of . ..." . .d. 1
Ammoniacal liquor B
Anchors d. 3
Andioyies cL 4
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC.
407
Angelica root d. 3
Angle bars cl. 3
Aniseed d. 3
Animal guts, in casks d. 2
Animals and birds, stuffed, in
cases cL S
Animals, liye. See Aninial Glass,
pp. 208, 333 & 344.
Annealing plates C
Annotto, in casks d. 2
Annotto, e.o.b.p t . .cl* 4
Anthracene, crude, in casks . .d. 1
Anthracene, e.o.h.p cL 4
Antichlorine C
Antimony, ore C
Antimony, ore, waste B
Antimony, regulus d. 2
Anvils • . B
Anvil blodui and caps C
Anvils, hammers, and standards
for steam-hammers C
Apples, minimum 20 cwt. per
waggon cl. 1
Apples, dry, or pippins cl. 3
Apples, e.o.h.p cl. 2
Apples, rings, in slices, dried, .d. 3
Apricots (not hothouse) d. 3
Aquaria, glass d. S
Argols or tartars d. 2
Arrowroot d. 2
Arseniate of soda C
Arsenic • C
Arsenic acid, in casks d. 2
Arsenic acid, e.o.h.p d. 3
Artificial flowers cl. S
Asbestos cl. 2
Ashes, pot and pearl d. 1
Asparagus : . . . .d. 4
Asphalte paving, in blocks . . . . B
Asphaltum C
Axle-box guides, in the rough,
for locomotives C
Axle forgings C
Axles, in the rough C
Axles and wheels (railway car-
riage, railway waggon, train,
or corve) C
Axles and wheels (locomotive
engine and tender) d. 1
Axle boxes, brass cl. 2
Axles, notin the rough, e.o.h.p. d. 2
Awl blades d. 3
Bacon and hams, cured, packed cl. 2
Bacon andhams, cured, e.o.h.p. cl. 3
Bacon and hams, fresh or green cl. 4
Bagatelle tables d. 6
Bagging, old, in bundles, for
paper makmg cl. 1
Bagging, e.o.h.p cl. 2
Bags, paper, in bags or bundles d. 1
Bags, hand, common (hemp), .cl. 2
Bags, paper cl. 2
Bags, carpet cl. 3
Bags, leather cl. 4
Bag8(leather, ladies'hand,courier,
and travelling) d. 4
Baking powder cl. 3
Balloons cl. S
Balusters, iron d. 2
Bar iron or steel, exceeding 1 cwt.
per bar, in open trucks at re-
quest of trader B
Bar, puddled, iron B
Bar iron, e.o.h.p C
Barilla d. 1
Barium, chloride of, in casks. . . . C
Bark, for tanning, chopped,
packed in bags, or hydraulic
pressed C
Bark, loose, for tanning cl. 1
Bark, for tanning, e.o.h.p cl. 2
408
ALPHABETICAL CLASSIFICATIOK.
Bark, ground, packed in bags cl. 2
Bark, not for tanning, e.o.h.p. cl. 6
Barley, pot and pearl cl. 3
Barley, grain d. 3
Barometers cl. 6
Bars, for tin plate making B
Bars, roller, and bed plates for
ptdling rags cl. 1
Barwood C
Barytes, raw, in bulk B
Baiytes, ground, in casks or
bags C
Barytes, nitrate of d. 3
Basic slag, unground A
Basic slag, ground and packed . . B
Basic material, burnt limestone
in bulk, to steel converters . . B
Baskets, iron cl. 2
Baskets, bass d. 2
Baskets, e.o.h.p .cl. 6
Bass and whisk for making
brooms cl. 2
Bass baskets cl. 2
Bass mats and bass matting . .cl. 2
Baths cl. 3
Bath chairs d. 5
Bayonets d. 3
Beadings and mouldings, gilt,
lacquered, or yamished, packed
in boxes d. 3
Beadings and mouldings, gilt, lac*
quered, or varnished, e.o.h.p. d. 5
Beams (iron and steel) C
Beans, e.o.h.p C
Bearers (iron and steel) C
Beds and bedding cl. S
Bed keys cl. 3
Beds and cylinders of steam
engines cl. 1
Bed plates (iron and steel| roof-
work) C
Bedsteads, metallic cl. 2
Bedsteads, metallic, in etrawed
bundles cL 3
Bedsteads, e.o.h.p d. 3
Beef in brine d. 2
Beef wine, in boxes d. 4
Bee hives, made of wood . . . .d. 3
Bee hives, straw d. 4
Beer. Se0 Ale.
Beer engines d. 4
Beeswax d. 2
Bellows, packed d. 3
Bellows pipes « . . . .cl. 3
Bellows, e.o.h.p cL 4
Bell^ ringing (carillon) ma-
chinery d. 3
Bells, small cl. 3
Bells, e.o.h.p cL 4
Belting for machinery d. 3
Benders for rails, or jim crows .d. 1
Besoms cl. 2
Bicarbonate of soda, in casks. . . . C
Bicarbonate of soda, in boxes,
crates, or hampers d. 2
Bichrome and bichromate of
potash, in cades d. 1
Bichrome and bichromate of
potash, e.o.h.p d. 3
Bichromate of soda, in casks. .cL 1
Bichromate of soda, e.o.h.p. . .d. 3
Bicycles d. 6
Bicyde stands, wrought iron. .d. 3
Billets, blooms, or ingots, iron or
sted B
Billiard cues, in bundles . . . .d. 4
Billiard tables d. 6
Binders (iron and steel) C
Bins, com or wine cL 3
Birch or ling, for besoms . . . .d. 1
Bird cages d. 6
Biscuits, dog, in bagsor casks . . cl. 1
ALPHABBTICAL CLASSIFICATION OF MERCHANDISE TRAFFIC.
409
Biscuits d. 2
Bismuth d. 5
Bisulphite of lime d. 1
Bisulphite of soda C
Bit burnishers, packed el. 3
Bits, iron or steel cl. 3
Bitters, in casks or cases . . . .cL 3
Black beer cL 3
Black lead d. 2
Black oil or black yamish, com-
mon, in casks cl. 1
Blackberriesorbrambleberries cl. 2
Blacking d. 2
Bladders, in casks d. 3
Blanc, fire (flpround barytes with
water added for glazing
paper) C
Blankets cl. 3
Blanks, bronze and copper, for
stamping coins cl. 3
Bleaching liquids, in casks . . d. 2
Bleaching powder C
Blinds, paper d. 3
Blinds, Venetian and diain, in
cases, orates, or frames . . . .d. 3
Blinds, Venetian and chain,
e.ch.p d. 4
Blistered steel d. 1
Blood for manure, in casks . . . . C
Blood, in casks or iron drums . . d. 2
Blooms, billets, or ingots, iron or
steel B
Bloom trucks d. 1
Blowing engines d. 3
Blow pipes cl. 3
Blue powder and stone, and
smalts, in casks, cases, boxes,
or bags d. 2
Blue powder and stone, and
smalts, e.o.h.p. .cl. 3
Blue, laundry, liquid, in boxes,
cases, casks, or iron drums, .d. 3
Blue, laundry, liquid, e.o.h.p. . .d. 5
Blue paste d. 3
Boards and rollers, wooden, for
drapers' doth, and for foldine
. paper cl. 1
Boards, made of compressed
leather d. 2
Boards, parquet flooring . . . .d. 3
Boards, washing d. 3
Boats and canoes d. 5
Bobbin blocks C
Bobbins, in bags d. 2
Bobbins, e.o.h.p cl. 3
Bogies, puddlers' tap d. 1
Bog ore, for gas purifying . . . . B
Boilers and boiler fittings, iron
or steel cl. 2
Boilers, copper d. 4
Boilers, plates C
Bolt and nut machines cl. 1
Bolts, door cl. 3
Bolts and nuts (iron and steel) . . C
Bone ash C
Bone waste C
Bone crushing mills d. 2
Bones, caldned C
Bones, for size or manure C
Bones, packed cl. 1
Bones, e.o.h.p d. 2
Books, e.o.h.p d. 3
Books, bound or half bound, in
calf, morocco, roan, russia, or
law calf d. 4
Boot and shoe linings, cotton or
linen d. 2
Boot protectors C
Boothing or stalling d. 3
Boots and shoes, induding
goloshes and leather cut into
boot shapes, in casks, cases, or
boxes d. 3
410
ALPHABETICAL CLASSIFICATION.
Boots and shoes, including
goloshes and leather cut into
boot shapes, in hampers (white
rod) d. 4
Boots and shoes, including
goloshes and leather cut into
boot shapes, e.o.h.p d. 6
Boracic acid cl. 3
Borax cl. 2
Boring, drilling, planing, punch-
ing, shearing, and slotting
machines, for metal work, in-
cluding beds and tables. .. .d. 1
Bottle jacks cl. 3
Bottle stoppers, wood, packed. .cL 2
Bottles and bottle stoppers, glass,
black, green, or pfile, common,
packed cl. 1
Bottles and bottle stoppers, glass,
e.o.h.p cl. 3
Bottles, earthenware or stone-
ware cl. 2
Boundary posts (street), iron . .cl. 1
Bowls, iron, nested or packed, .d. 2
Bowls, wood or iron, e.o.h.p.. .cl. 3
Boxes or trunks, tin or sheet iron,
packed in crates or cases. . . .cl. 3
Boxes, safety cl. 3
Boxes, e.o.h.p cl. 6
Box iron heaters cL 1
Box or Italian irons cl. 3
Braces, except silk for wearing
apparel, in bales, packs, or
trusses cl. 3
Braces, not silk, for wearing
apparel cl. 4
Braces, for wearing apparel, not
silk, e.o.h.p d. 4
Brands, iron or steel cL 3
Bran C
Brank or buckwheat C
Brass cl. 2
Brass work, spun or stamped,
packed d. 3
Brattice doth cl. 1
Bread d. 2
Break blocks C
Brick making machinery . . . .d. 1
Bricks, day, oommonandfine. . . . B
Bricks, crushed B
Bricks, clay, glazed op ena-
melled (J
Bricks, flanders or scouring . . . . C
Bricks, air, cast iron cL 1
Bridgework —
Cantilevers Q
Cross and longitudinal gird-
ers c
Moor plates c
Girders, whole or in part . . . . C
Joists (J
Lattice bars Q
Screw and other piles, both
hollow and soHd C
Struts and ties C
Brill, fish, fresh d. 4
Brimstone, crude or uiimanufac-
tured (J
Bristles, in boxes, cases, or
caskfl d. 2
Bristles, e.o.h.p cl. 4
Britannia metal goods d. 4
Bronze, phosphor or manganese
castings and ingots, rough . .d. 2
Bronze powder cL 4
Broom and brush heads and
blocks, wooden, without hair d. 1
Broom and brush heads,
©•oli-P cl. 3
Brooms and brushes, packed . .cL 3
Brooms and brushes, e.o.h.p.. .d. 4
Brush backs, xylonite d. 8
Buckets and pails, iron, nested op
padced d. 2
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 411
>0l.l
Buckets and pails, e.o.b.p cL 3
Buckles, brass, iron, or steel . .cL 3
Buckram cl. 3
Builders' implements, not new,
and consisting of mixed con-
sig^nments of the following —
Barrows ^
Centerings
Crab winches
Hoists
Mortar boards
Mortar mills
Poling boards
Pulleys
Bopes
Scaffold boards
Steps
Struts
Trestles
Wheeling pieces
Wheeling planks
Windlasses
Bullet moulds d. 3
Bullets, small arm d. 1
Bungs, wood, or shives cl. 2
Bungs and corks cl. 4
Buoy sinkers B
Buoys cL 2
Burr stones
Busks, wooden, horn, or steel, .d. 3
Butter, in casks, firkins, baskets,
or boxes, or in tubs or cools
with wooden lids d. 2
Butter, in crocks in wood, or in
crocks when packed straw
in baskets d. 3
Butter, in flats or hampers, or in
tubs or cools, without lids . .d. 4
Butter, in crocks, e.o.b.p d. S
Butter milk cl. 1
Buttons, except gold, silver, or
plated d. 3
Cabbages, loose in bulk C
Cabbages, e.o.h.p., minimum 20
cwt. per waggon d. 1
Cabbages, packed, e.o.h.p d. 2
Cake, for cattle feeding C
Caissons (iron and steel) C
Calicoes cL 3
Calipers d. 3
Caloric engines d. 2
Canada plates cl. 1
Canary seed d. 2
Candles, paraiEn, tallow, aud
stearine d. 1
Candles, e.o.h.p cl. 2
Candles, wax cl. 4
Candlesticks, brass or iron. . . .cl. 3
Candle-wick d. 8
Canes and rattans d. 4
Cannel A
Cannon cl. 1
Cannon balls and shot, and shells
not charged B
Canvas cL 3
Cap-peaks, not oily cl. 3
Caps, men's or boys', except silk,
in bales, packs, or trusses . .cl 3
Caps, men's or boys', except silk,
in boxes or cases d. 4
Caps, e.o.h.p d. 5
Capstan bars d. 1
Capstcms and windh^ses cl. 1
Capsules, metal, in cases d. 3
Caravans(showmen's or hawkers')
and vans containing steam
roundabouts d. 4
Carbolic acid, liquid, in casks or
iron drums d. 2
Carbolic acid, solid d. 4
Carbolic add, liquid, e.o.h.p. . . d. 5
412
ALPHABETICAL CLASSIFICATION.
Carbolic seed-dressing cl. 2
Carbolineum avenarius oil .... d. 1
Carbon candles, for electric light-
ing d. 3
Carbonate of ammonia, in casks
or iron drums cl. 1
Carbonate of ammonia, in cases, cl. 3
Carbonate of lime C
Carbonate of magnesia cl. 2
Carbonate of potash, in casks, .d. 1
Carbonate of potash, e.o.h.p.. .d. 2
Carbonate of soda, or soda
crystals C
Carboys, gutta percha cl. 4
Carboys, glass cl. S
Cardamoms cl. 4
Cardboard cl. 1
Carddoth cl. 3
Cards for weaving, packed in
oases d. 3
Cards for carding machines,
e.o.h.p cl. 6
Carpet-bag frames cl. 3
Carpet-bags d. 3
Carpet-beating machines . . . .d. 3
Carpet-lining, cork cl. 3
Carpeting d. 3
Carpeting, exceeding 15 feet in
length, packed in cases . . . .cl. 4
Carpeting, cork d. 3
Carraway seeds d. 3
Carriage and cart steps d. 3
Carriage and foot warmers . .d. 3
Carriage bodies, e.o.h.p d. 5
Carriages. See Part III.
Carrots • C
Cart bushes, iron and sted . . . . C
Cart steps d. 3
Cartridge cases, exploded . . . .cl. 2
Cartridge cases, brass d. 3
Castings, iron or sted, light, in
boxes, crates, cases, casks, or
hampers d. 1
Castings, mill, forge, and other
roum and heavy unfinished
castings, iron and steel . . . .d. 1
Castings, brass, GFerman silver,
or nickel cl. 3
Castings, iron, light, e.o.lLp.. .d. 3
Castings, sanitary, iron and steel,
for public urinals and water-
closets • . • . .d. 3
Castings, steel, e.o.h.p d. 3
Castor oil, for lubricating machi-
nery, in tins, packed in wooden
cases cl. 1
Castor oil, in casks or iron drums,
round, or tapered at one end . . d. 1
Castor oil, in boxes d. 3
Castors of all kinds cL 3
Cats' and dogs' meat d. 4
Cattle, live. See Animal Class,
Partn.
Cattle food, prepared d. 2
Cattle cribs d. 4
Caustic soda C
Caustic potash cl. 1
Celery d. 2
Cellarets, wrought iron d. 3
Cement, in blocks or slabs B
Cement, e.o.h.p C
Cement stone B
Chaff, hydraulic or steam press
packed cL 1
Chaff, in bags, not for cattle
feeding d. 3
Chaff, e.o.h.p d. 4
Chains and traces, packed • . . .d. 2
Chains and traces, not packed . . C
Chains, curb or door d. 3
Chain cables
ALPHABETICAL CLASSIFICATION OF liEBCHANDISE TBAFFIC. 413
Chair bottoms, wooden, in the
rough C
Chairs and seats, garden, in parts,
packed in cases ...• el. 1
Chairs and seat8,garden, e.o.h.p.cl. 4
Chairs and seats, e.o.h.p d. S
Chairs, common folding, in boxes,
cases, crates, and parcels . .d. 4
Chairwood, rough, undamage-
able cl. 2
Chalk, in the rough, for agri-
cultural pi^rposes A
Chalk, ground C
Chalk, French cl. 3
Chalk, prepared d. 3
Chandeliers and gasaliers .... d. 6
Charcoal, packed C
Charcoal, e.o.h.p cl. 1
Cheesepresses d. 3
Cheese, in boxes, casks, and
cases cl. 2
Cheese, e.o.h.p cl. 3
Chemicals, not dangerous, corro-
sive, or explosiYe, in casks, iron
drums, bales, or bags d. 3
Chemicals, not dangerous, oorro-
siye, or explosive, in boxes or
hampers d. 4
Chemicals, not dangerous, corro-
sive, or explosive, e.o.h.p. . .cL S
Cherries, in tubs, for jam . . . .d. 2
Cherries, ripe, not hothouse . .cl. 3
Chertstone C
Chestnuts d. 1
Chestnuts, extract of, for tanning
purposes d. 1
Chestnuts, extracts of, e.o.h.p. .cl. 2
Chicory d. 2
Chimney pieces, date, not ena-
melled or polished cl. 1
Chimney pieces, cement or con-
crete cl. 2
Chimney pieces, marble or slate,
e.o.h.p d. 3
Chimney pieces, metal, un-
packed cl. 4
Chimney pots, earthenware or
fire-clay d. 1
Chinmey tops, iron or zinc. . • .d. 4
China, in casks or crates . . . .cl. 2
China, in hampers d. 3
China, in boxes or cases d. 4
China day B
China grass, hydraulic or steam
press packed C
China grass, machine pressed . . d. 1
China grass (not hydraulic or
steam uress packed, or machine
pressed) in full txiickloads or
m consignments of 20 cwt. . .cl. 3
China grass, e.o.h.p cl. 4
China stone C
Chlorate of potash d. 2
Chlorate of soda, packed in ham-
pers or casks d. 2
Chloride of caldum C
Chloride of gold cl. S
Chloride of potash, packed in
hampers or casks d. 2
Chloride or muriate of zinc . .cl. 1
Chocolate d. 2
Chromate ore C
Chums and churning machines .cl. 4
Cider and perry, not bottled in
casks cl. 1
Cider and peny, bottled in cases
or casks cl. 1
Cider and perry, bottled in ham-
pers cl. 2
Cigars cl. S
Cinders, coal A
Cinder sifters d. 3
Cinnamon d. S
Cinnabar ore cl. 3
414
ALPHABETICAL CLASSIFICATION.
Cisterns d. 4
Citric acid d. 4
dasps, boot, book; or belt, except
gold, silver, or plated d. 3
Clay, in bulk, e.o.h.p.
••••«•••
A
day, in bags or casks C
Clippings, shearings, and stamp-
ings of sheet iron and tin plates,
in compressed bundles B
Clips, cotton tie, packed C
Clips, iron, for boxes d. 1
Clock cases cL 5
Clock dials d. 3
Clocks, turret and church . . . .d. 4
Clocks, e.o.h.p d. 5
dog blocks, rough C
dog irons d. 1
dog soles cL 1
dogs, in casks, cases, or boxes d. 3
dogs, e.o.h.p d. 4
doth oil, and wood oil d. 1
doth, linen, packed d. 3
doth, linen, bleached, tied in
bundles, but not protected by
wrappers d. 4
Clothes pegs, packed cl. 2
dothing, waterproof, except oily
canvas dothing cl. 3
Clothing, exdusive of silk eoods,
if packed in trusses, pa^, or
bales cl. 3
Clothing, for soldiers, police, pri-
son warders, railway porters,
postal and telegraph (except
busbys or helmets) cl. 3
dothing (exdusive of silk goods),
e.o.h.p cl. 4
Cloves cl. 6
Coach and upholsterers' trim-
mings, in packs, trusses, or
bales cl. 3
Coach and upholsterers' trim-
mings, e.o.h.p : d. 4
Coach fittings, metallic, packed d. 3
Coach wrenches cl. 3
Coal A
Coal, fuel, patent B
Coal scuttles, iron or galvanised,
nested or packed cl. 2
Coal scuttles, metallic, packed in
cases or boxes d. 3
Coal scuttles, e.o.h.p d. 4
Cobalt ore d. 2
Cobalt d. 4
Cobnuts d. 3
Oodiineal d. 6
Cockles d. 1
Cocoa d. 2
Cocoa nut fibre, husk, shdl, or
matting, packed d. 2
Cocoa nut fibre, e.o.h.p d. 8
Cocoa nut oil d. 1
Cocoa nuts d. 3
Cod and ling, dried d. 1
Cod and ling, thoroughly cured
in brine d. 1
Cod oil, in casks or iron drums
tapered at one end d. 1
Cod liver oil, in casks or iron
drums tapered at one end . .d. 1
Cedilla in bales, hydraulic or
steam press padsed d. 1
Cedilla, e.o.h.p d. 2
Coffee d. 2
Coffee extract or essence . . . .d. 3
Coffee mills, small hand d. 3
Coffee carts, or stalls on wheels.d. 4
Coffin furniture, metallic . . . .cl. 3
Coffins d. S
Coir junk cl. 1
Coir rope cl. 1
Coin, copper or bronze cl. 3
Coke A
Collars, dog d. 3
Collars, rush, for horses cl. 3
ALFHABETICAL CLASSIFICATION OF MBBCHAKDISE TRAFFIC.
415
CoUierj screens or tips d. 2
Colliexy pulleys d. 3
Collieiy tubbing, iron and steel. . C
Collodion d. 5
Colours, in casks or iron drums
and in tins packed in cases . . d. 2
Colours, in cans, hampers, boxes,
or iron bottles d. 3
Colours, in jars d. S
Columns, iron and steel C
Colza oil, in casks or iron drums
round or tapered at one end .cl. 1
Combs d. 3
Compost, for manure B
Concrete, in blocks or slabs . . . . B
Cones, fir, in sacks or bags . .d. 1
Confectionexy, in cases, casks, or
boxes d. 2
Confectionery, e.o.li.p d. 4
Conservatories and hothouses, in
parts cl. S
Copper d. 2
Copper ore C
Copper, nitrate of, in casks . .cl. 2
Copper, nitrate of, in iars or
stone bottles coverea vrith
wicker basket work d. S
Copper predpitate d. 1
Copper regpilus d. 1
Copperas, g^een, in bulk B
Copperas, green, e.o.h p C
Copperas, e.o.h.p d. 1
Copra (or oil pulp of cocoanut),
dried d. 1
Coprolites and rock phosphate,
unground A
Coprolites and rock phosphate,
ground B
Copying presses d. 3
Coquilla nuts d. 3
Cordials, in casks or cases . . . .cl. 3
Cordials, e.o.h.p d. S
Coriander seed d. 3
Corkscrews cl. 3
Cork shavings or cuttings . . . . cl. 3
Cork socks, in boxes, cases, or
casks cl. 3
Cork socks, e.o.h.p d. S
Corkwood d. 3
Com. See Orain C
Com crushers d. 4
Com flour, patent cl. 2
Cornice poles, wood, in bundles,
without rings or ends, not
gUt d. 3
Corozzo nuts cl. 3
Corves (small waggons for use in
collieries) cl. 2
Cotton waste, for paper making,
hydraulic or steam press
packed C
Cotton, raw, in press packed
bales d. 1
Cotton, raw, e.o.h.p cl. 2
Cotton and woollen waste . . . .d. 2
Cotton and linen goods, in bales,
boxes, packs, or trusses,
e.o.h.p cl. 3
Cotton and linen thread cl. 3
Cotton and woollen slops, in ham-
pers, bales, or boxes cl. 3
Cotton seed oil, in casks or iron
drums round or tapered at one
end d. 1
Cottonwool, dressed and carded cl. 3
Crabs cl. 2
Crab winches cl. 1
Cranberries cl. 2
Cranes or crane work cl. 2
Crape d. 6
Creosote, coal t€ur, gas tar, gas
water, in owner's waggons . . A
Creosote, coal tar, gas tar, gas
water, e.o.h.p B
Cricket implements cl. 4
416
ALPHABETICAL CLASSIFICATION.
Croquet implements cl. 4
GracibleSy plumbago or day . .d. 2
Orucibles, e.o.lLp. •..••.••• .cl. 3
Cryolite d. 1
CiystaUized fruit, e.o.}i.p d. 4
CuUet (or broken glass) B
Culm A
Cummin seed d. 3
Curling irons d. 2
Currants d. 2
Cuny combs d. 3
Curtains, cotton, lace d. 4
Cyanite, in jars d. S
Dandelion roots cl. 2
Dandy rollers, in cases, for paper
mills d. 4
Dari (grain) C
Dates d. 2
Delta metal d. 2
Dextrine cl. 2
Dies and die stocks cl. 3
Dills (grain) C
Dishes, iron cl. 2
Dishes, wood d. 3
Disinfecting powder d. 1
Distilled water, in cases or casks d. 1
Distilled water, e.o.h.p cL 2
Divi divi C
Dog, hen, and other pures or bates,
in barrels or bags C
Dollies and peggies, wooden, for
laundry purposes d. 2
Doors and door frames, iron or
steel d. 1
DrafP, or brewers' and distillers'
g^ins B
Drain pipes, glazed C
Drapery, heavy packages con-
taining any of the following
articles : —
American or leather doth cl. 3
Drapery, heavy packages—con/c^.
Blankets d. 3
Boots and shoes, induding
goloshesin casksor cases d. 3
Buckram cl. 3
Buttons, except gold, silyer,
or plated d. 3
Calicoes d. 3
Carpet bags d. 3
Carpeting d. 3
Clothing, waterproof (except
oily or canvas dothing) d. 3
Cotton and linen goods, in
bales, boxes, cases, packs,
or trusses, e.o.h.p oL 3
Cotton and linen thread . .d. 3
Cotton and woollen dops, in
hampers, bales, or boxes d. 3
Druggeting d. 3
Elastic webbing d. 3
Eyelets d. 3
Flannel d. 3
Floor cloth, induding oil-
cloth, boulinikon, kamptu-
licon, and linoleum . . . .d. 3
Hearth rugs, except skins d. 3
Hooks and eyes d. 3
Huckabacks d. 3
India rubber goods, except
shoes and galoshes . . . .d. 3
Laces, boot and stay, cotton
or leather d. 3
Linen doth, packed cl. 3
Paper collars, cuffs, and shirt
n^nts d. 3
Shirts, cotton, woollen, and
linen, in bales, packs, or
trusses d. 3
Stays, not silk d. 3
Tapes d. 3
Thimbles, not gold, silver, or
plated cl. 3
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFPIQ. 417
Drapery, heavy packages — contd.
Wadding, cotton d. 3
Woollen and worsted yam cl. 3
Drapery, light packages contain-
ing any drapery articles set
out in classes below cl. 4, and
that class and any of the follow-
ing articles : —
Bags, leather
Braces, not silk, for wear-
ing apparel
Carpeting, exceeding 15 ft.
in length, packed in cases
Cloth, woollen
Clothing, exclusive of silk
goods, e.o.h.p
Coach and upholsterers'
trimmings
Gloires, cotton, woollen,
and worsted
Haberdashery
Hosiery
Muslins (book)
Needles, stuff goods ....
UmbreUas
Woollen and worsted goods
Dredger buckets and bucket backs
(iron and steel) cl. 1
Dripping, in casks, boxes, tins, or
tubs with lids d. 2
Dripping, in crocks, in wood, or in
tubs or tins without lids . . . . cl. 3
Dripping, in bladders cl. 4
Dripping, in crocks, e.o.h.p. . . cl. 6
Dross, metal C
Druggeting cl. 3
Druggists' sundries, in mixed
packages cl. 4
Drugfs, in casks, bags, or bales d. 3
Drugs, in boxes or hampers . . cl. 4
Drugs, e.o.h.p. cl. 5
Drums, iron or steel, for col-
lieries cl. 1
D.
Drysalteries, in casks d. 3
Drysalteries, e.o.h.p cl. 4
Dubbin d. 2
Dunnage mats d. 1
Dust preventers d. 3
Dutch metal and leaf d. 3
Dye extracts d. 4
Dye, liquor refuse, from print or
dye works d. 1
Dyes, in casks and iron drums . .cl. 3
Dyes, e.o.h.p d. 4
Dyes, in glass carboys d. S
Dyewoods —
Barwood C
Fustic wood C
Lima wood C
Logwood C
Nicaragua wood
Dyewoods, ground, in chips, in
bags d. 1
Dyewoods, e.o.h.p d. 1
Earthenware, in casks or crates .cl. 2
Earthenware, in hampers . . . .cl. 3
Earthenware, in boxes or cases. d. 4
Earth closets d. 3
Earth, red C
Earth nuts, or ground nuts . . . . C
Earth nut or ground nut oil, in
casks or iron drums round or
tapered at one end cl. 1
Eggs, in boxes, cases, or crates . .cl. 3
Eggs, e.o.h.p cL 4
ElELstic webbing d. 3
Electric accumulators cl. 2
Electric batteries d. 3
Electric cable d. 3
Electric insulators d. 2
Emery d. 2
Emery dust cl. 2
Emery rollers and emery wheels,
in boxes or cases d. 2
£ B
418
ALPHABETICAL CLASSIFICATION.
Emery rollers and emery wheels,
eo.li.p cl. 3
Emery stone C
Empty cases, casks, crates, ham-
pers, and other empties,
e.o.h.p cl. 5
Empty cases, for returned empties.
See clause 22 of Provisional
Order, p. 202.
Engine bed plates, iron and
steel C
Eugravings cl. 5
Ensilage G
Envelopes, straw, for bottles, .cl. 2
Esparto grass, hydraulic or steam
press packed C
Esparto grass, machine pressed .d. 1
Esparto grass (not hydraulic or
steam press packed, or machine
pressed), in full truck loads, or
in consignments of 20 cwt. . . cl. 3
Esparto grass, e.o.h.p cl. 4
Evergreens d. 5
Extracts, in casks or boxes, for
tanners' use G
Extract of bark or wood, for
tanning cl. 1
Extract of malt cl. 4
Extract of meat cl. 6
Eyelets cl. 3
Farina, e.o.h.p C
Farina, calcined cl. 1
Fat, raw cl. 2
Feathers cl. 5
FeUoes, waves, and spokes . . . . C
Felt, asphalted roofing, or tarred
felt, or tarred sheathing. . . .cl. 1
Felt (not carpeting) cl. 2
Felt hat bodies d. 4
Fencing standards, iron, in con-
crete blocks d. 1
Fenders, packed in crates, cases,
or boxes cl. 3
Fenders, kitchen, iron or steel . . cl. 3
Fenders, ships', cork or hemp . . cl. 3
Fenders, e.o.h.p cl. 5
Fonts and tabs, cotton and
woollen cl. 3
Fenugreek seeds C
Fern, for litter or packing,
hydraulic or steam press
packed cl. 1
Fern, for litter or packing, e.o.h.p.,
minimum weight 20 cwt. per
waggon d. 3
Ferro-manganese, in bulk B
Ferro-manganese, e.o.h.p. [sub.
iron or steel] C
Ferrules, iron, brass, or sted. .cl. 3
Figs, dried cl. 2
Figures, casts, or ornaments,
alabaster, bronze, gypsum,
plaster, stucco, or terra cotta .d. 5
Figures, flowers, and heads,
wax cl. 6
Filberts cl. 3
Files or rasps, iron or steel . .cl. 2
Filings (iron and steel) B
Filters, cast iron d. 2
Filters, earthenware d. 3
Fire boxes of portable steam or
traction engines cl. 2
Fire engines, steam d. 3
Fire engines, e.o.h.p cL 4
Fire escapes d. 3
Fire extinguishers (hand gre-
nade), packed d. 3
Fire guards, metal cl. 3
Fire irons cl. 3
Fire lighters cl. 2
Firewood, in bundles cl. 1
Fish-
Cod and ling, dried cl. 1
Cod and ling, thoroughly cured
in brine cl. 1
ALPHABETICAL CLASSIFICATION OF MBRCHANDISB TRAFFIC.
419
Fisli — continued.
Herrings, thorouglily cured in
brine el. 1
!Red herringB) thoroughly
cured cl. 1
All other fish, thoroughly salted
or dried cl. 1
Cockles cl. 1
Limpets cl. 1
Mussels cl. 1
Periwinkles cl. 1
Whelks cl. 1
Herrings and sprats, in any
state, e.o.h.p cl. 2
All fish, partially cured, smoked,
or dried cl. 2
Crabs cl. 2
Fresh fish, e.o.h.p cl. 3
Fresh —
Brill cl. 4
Grayling cl. 4
Lobsters cl. 4
Oysters cl. 4
Prawns cl. 4
Eed mullet cl. 4
Salmon cl. 4
Smelt cl. 4
Soles cl. 4
Trout cl. 4
Turbot cl. 4
Whitebait cl. 4
Fish glue cl. 3
Fish hooks cl. 3
Flag poles, or Venetian masts . . cl. 2
Flannel cl. 3
Flax, in bales, minimum 60 cwt.
per waggon cl. 1
Flax, in bales, e.o.h.p cl. 2
Flax, e.o.h.p cl. 3
Flax, in the straw cl. 4
Flax seed, for sowing cl. 2
Flax sti*aw, steam or hydraulic
press packed • C
Flax straw, machine pressed . . cl. 1
Flax straw (not hydraulic or steam
press packed or machine
pressed), in full truck loads, or
in consignments of 20 cwt.. .cl. 3
Flax straw, e.o.h.p cl. 4
Flax waste, for paper making,
hydraulic or steam press
packed C
Flax waste, for paper making, .cl. 1
Flax waste, e.o.h.p cl. 2
Fleshings and glue pieces, fresh
from tanners, in casks C
Fleshings and glue pieces, dry,
in casks and bugs cl. 1
Fleshings and glue pieces, fresh
from tanners, not packed . .cl. 1
Fleshings and glue pieces,
e.o.h.p cl. 2
Flints, e.o.h.p C
Flocks cl. 2
Floor cloth, including oil cloth,
boulinikon, kamptulioon, and
linoleum cl. 3
Flour C
Flour dressing or purifying
machines cl. 3
Flowers, cut cl. 5
Flower pots, clay, common un-
glazed cl. 2
Flower roots (not orchids) . . . . cl. 3
Flower roots, e.o.h.p cl. 4
Flower stands, wrought iron . . cl. 4
Flower stands, e.o.h.p cl. 5
Flower sticks, wooden or cane,
common d. 1
Flue linings or flue pipes, fire
clay C
Fluid, disinfecting, in bottles
packed in cases or hampers, or
in basketed jars cL 4
e2
420
ALPHABETICAL CLASSIFICATION.
Footballs d. 4
Forges, portable, in pieces,
packed in boxes cl. 2
Forges, portable, whole, cased in
iron cl. 2
Forges, portable, e.o.b.p cl. 3
Forging^, iron or steel, in the
rough, e.o.h.p G
Forks, digging, in cases cl. 2
Forks, toasting, iron cl. 3
Forks and spoons cl. 3
Frames and bed plates, iron or
steel, for timber sawing, bor-
ing, morticing, or planine
machineiy d. 1
Frames, iron or steel, for tar-
gets cl. 1
Frames, picture, common wood,
not gilded or Dutch metalled, cl. 3
Frames, picture, e.o.h.p cl. 5
Frilling machines, fitted up,
packed cl. 5
Frilling machines, in parts,
packed cl. 4
Fruit, minimum 20 cwt. per
waggon —
Apples cl. 1
Gooseberries cl. 1
Pears cl. 1
Apples, e.o.h.p cl. 2
Gooseberries, e.o.h.p cl. 2
Pears, e.o.h.p d. 2
Cherries, in tubs, for jam . .cl. 2
Ba8pberries,intubs,forjam .cl. 2
Strawberries, in tubs, for
jam cl. 2
Fruit, ripe, e.o.h.p cl. 2
Fruit, ripe, not hothouse —
Apricots d. 3
Cherries cl. 3
Nectarines cl. 3
Peaches d. 3
Fruit, ripe, not hothouse— con/<f.
Baspberries d. 3
Strawberries cl. 3
Fruit, hothouse d. 5
Fruit pulp, in cases cl. 1
Fruit cleaning machines cl. 4
Fuel economisers, iron or steel d. 1
Fuller's earth C
Funnels, air or ship d. 2
Furnace lumps B
Furnace plates C
Furnace scrapings B
Furniture, in yans, carts, or road
waggons cL 4
Furniture, e.o.h.p d. 5
Furniture yans, returned empty,
if from the same station and
consignee to which and to
whom they were carried full,
to the same station and con-
signor from which and from
whom they were carried full . . C
Furs d. 5
Fustian and corduroy cl. 3
Fustic liquor d. 2
Fustic wood C
Gall nuts d. 2
Galyanised iron C
Gambler and terra- japonica . . . . C
Game d. 6
Gannister A
Garancine cl. 2
Garden arches .d. 4
Garden engines cl. 4
Gas carbon B
Gas engines, complete d. 2
Gas fittings, in parts, except brass
and copper tubing d. 3
Gas lime or gas purifying refuse A
Gas meters cl. 3
Gasometer sheets Q
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC.
421
Oates, iron or wooden, common cl. 2
Gelatine cl. 3
German silver, in sheets cl. 3
German silver wire, in casks and
cases d. 3
GKnger, e.o.h.p cl. 3
Ginger, preserved cl. 4
Ginger beer, in cases and casks cl. 1
Ginger beer, e.o.h.p cl. 2
Gins, wheels, with frames for
hoisting purposes d. 3
Girders C
Girder bars C
Glass beads cl. 3
Glass blocks for pavement (fitted
in iron frames) cl. 1
Glass blocks for pavement (not
fitted in frames) cl. 2
Glass, crown, rolled or sheet . .cl. 3
Glass, cut, ornamental, for doors d. 5
Glass, flint, e.o.h.p cl. 3
Glass, ground C
Glass, in boxes or cases, e.o.h.p. cl. 4
Glass, plate, rough cl. 3
Glass, plate, not silvered . . . . cl. 3
Glass, plate, silvered cl. 5
Glass, prepared, for photo-
graphers cl. 4
Glass, potters', in cases C
Glass, stained cl. 5
Glass house pots cl. 4
Glasses, watch cl. 5
Glaze, potters', in casks C
Globes, moons, or shades, glass,
common cl. 4
Globes, moons, or shades, glass,
e.o.h.p d. 5
Globes,for educational purposes cl. 5
Gloves, cotton, woollen,or worsted,
in bales, packs, or trusses . .cl. 3
Gloves, cotton, woollen,or worsted,
e.o.h.p d. 4
Gloves, rough leather, for la-
bourers d. 3
Gloves, e.o.h.p d. S
Glucose d. 1
Glue d.l
Glycerine, in casks or iron drums d. 2
Glycerine, in cases or boxes • . d. 3
Glycerine, e.o.h.p cl. 5
Glycerine grease, for lubricating
purposes, in tins, packed in
wooden cases d. 3
Goat skins, thoroughly salted or
dry, in bales or bundles . . . . d. 1
Goat skins, e.o.h.p d. 3
Gold size cl. 4
Golf clubs cl. 4
Gooseberries, minimum 20 cwt.
per waggon cl. 1
Gooseberries, e.o.h.p. cl. 2
Grain, barley C
Ghrain
Grain
Grain
Grain
Grain
Grain
Grain
Grain
Grain
Grain
Grain
Grain
Grain
Grain
Grain
Grain
Grain
Grain
Grain
. . . *
beans, e.o.h.p
bran C
brank or buckweat
dari C
dills C
groats C
gurdgeons C
hominy C
Indian com C
lentils C
linseed C
locusts or charubs C
maize C
malt C
malt culms or cummings. . C
meal C
middlings C
millet C
oat dust C
422
ALPHABETICAL CLASSIFICATION.
Grain, oats C
Grain, peas, dried or split C
Gbain, pollards or thirds C
Grain, rice points or husks . . . . C
Grain, rye C
Grain, sharps or seconds C
Grain, shelling C
Grain, shudes C
Grain, tares C
Grain, vetches C
Grain, wheat C
Granite, in blocks, rough or un-
dressed B
Granite, polished or dressed,
in blocks or slabs exceeding
2 inches in thickness cl. 1
Granite, polished or dressed,
e.o.h.p cl. 3
Granulated iron G
Grapes, packed in cork dust or
sawdust, in casks : . .cl. 3
Grates, wooden or wrought iron,
for purifying gas ol. 1
Grates, ovens, ranges, or stoves,
common or kitchen cl. 2
Grates, ovens, ranges, or stoves,
polished cl. 4
Gratings (man-hole, drain, pave-
ment, area, or floor) C
Gravel A
Gravel, tarred, for paving B
Gravestones or tombstones. . . .cl. 4
Grayling (fish) cl. 4
Grease, in casks cl. 1
Greaves cl. 1
Gridirons cl. 2
Grindery cl. 3
Grindstones, in the rough C
Grindstones, e.o.h.p cl. 2
Ghit, in bags (for sawing stone) . . C
Ghroats (grain) C
Groceries, mixed cl 3
Packages consigned as mixed
groceries may include any
grocery articles in class 3 or
any lower class, and any of
the following articles :
Cardamoms.
Citric acid.
Confectionery, e.o.h.p.
Crystallised fruits, e.o.h.p.
Meat pies.
Preserved ginger.
Sausages.
Yeast, e.o.h.p.
Blue, laundry, liquid, e.o.h.p.
Cinnamon.
Cloves.
Cochineal.
Cordials, e.o.h.p.
Extract of meat.
Indigo.
Isinglass.
Lard, e.o.h.p.
Nutmegs.
Guano
Guide plates or ramps, iron,
or steel C
Gums, in mats, bags, casks, or
cases cl. 2
Gums, e.o.h.p .cl. 3
Gun barrels, rough cl. 3
Gun barrels, e.o.h.p cl. 4
Gun carriages d. 2
Gun locks and gun furniture, .cl. 3
Gun metal cl. 2
Gun stocks cl. 3
Gun wads cl. 3
Gxms, machine, in cases cl. 3
Guns cl. 4
Gurdgeons (grain) C
Gutta percha, raw d. 3
Gutta percha goods d. 4
Guttering or corrugating ma-
chines, e.o.h.p d. 3
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC.
423
Quttering or corrugating ma-
Ghines, not packed cl. 4
Gutters (iron and steel, roof-
work) C
Gypsum, for manure B
Gypsum stone, in lumps, under-
ground B
Gypsum, e.o.h.p C
Haberdashery cl. 4
Haddock oil, in casks or iron
drums round or tapered at one
end cl. 1
Hair, wet from tanneries . . . . cl. 1
Hair, raw, pressed in bales or
bags cl. 2
Hair, for manufacturing purposes,
e.o.h.p cl. 3
Hair, for head dressing cl. 5
Hair cloth cl. 3
Hames cl. 2
Hammer heads, in the rough . . C
Hammer heads, e.o.h.p cl. 3
Hammer scale A
Hammers (not steam), e.o.h.p. cl. 3
Hand carts cl. 4
Handcuffs d. 3
Handles, broom, mop, rake, fork,
spade, shovel, hammer, and
pick cl. 1
Handles, chest and saucepan, .cl. 3
Haud mills cl. 4
Hardware — Packages containing
any hardware articles (not
gold, silver, or plated) set
out m classes lower than
cl. 3, or in that class, and any
of the following articles (not
gold, silver, or plated),viz. : —
Awl blades cl. 3
Bayonets cl. 3
Hardware — continued*
Bed keys d. 3
Bedsteads, metallic, in strawed
bundles cl. 3
Bellows, packed cl. 3
Bellows pipes cl. 3
BeUs, small cl. 3
Bicycle stands, wrought iron d. 3
Bit burnishers, packed . . . .cl. 3
Bits, iron or steel d. 3
Blanks, bronze and copper, for
stamping for coins cl. 3
Blow pipes d. 3
Bolts, door cl. 3
Bottle jacks cl. 3
Boxes, safety cl. 3
Boxes or trunks, tin or sheet
iron, packed in crates or
cases cl. 3
Box or Italian irons cl. 3
Brands, iron or steel cl. 3
Brasswork, spun or stamped,
packed cl. 3
Buckles, brass, steel, or iron cl. 3
BuUet moulds cl. 3
Busks, wooden, horn, or steel cl. 3
Buttons cl. 3
Calipers cl. 3
Candlesticks, brass or iron . . cl. 3
Carpet bag frames cl. 3
Carriage and foot warmers . . cL 3
Cartridge cases, brass cl. 3
Cart steps cl. 3
Castings, brass, German silver,
or nickel cl. 3
Castors, of all kinds d. 3
Chains, curb or door cl. 3
Cinder sifters cl. 3
Clasps, book, boot, or belt. .d. 3
424
ALPHABETICAL CLASSIFICATION.
Hardware — continued.
Coach fittings, metallic,
packed cl. 3
Coach wrenches d. 3
Coal scuttles, metallic, packed
in cases or boxes cl. 3
Coffee mills, small hand. . . .cl. 3
Coffin furniture, metallic . .cl. 3
Collars, dog d. 3
Copying presses cl. 3
Corkscrews cl. 3
Currycombs cl. 3
Dies and die stocks cl. 3
Dust preventers cl. 3
Eyelets cl. 3
Fenders, packed in crates,
cases, or boxes cl. 3
Ferrules, iron, brass, or steel . .d. 3
Fire guards (metal) d. 3
Fire irons d. 3
Fish hooks cl. 3
Forks and spoons, metal. . . .cl. 3
Forks, toasting, iron cl. 3
Gas fittings, in parts, except
brass and copper tubing, .cl. 3
Ctins, wheels, with frames for
hoisting purposes d. 3
Ghrindeiy cl. 3
Gun barrels, rough d. 3
Gun locks and gun furniture . .cl. 3
Hammer heads, packed . . . .d. 3
Hammers, not steam, e.o.h.p. .d. 3
Handcuffs cl. 3
Handles, chest and saucepan.. cl. 3
Harness fittings, metallic
packed cl. 3
Hat and umbrella stands, cast
iron • cl. 3
Hay forks, in bundles d. 3
Hinges, brass cl. 3
Hardware — continued.
Hooks, boot and button, hat
and coat, and reaping cl. 3
Hooks and eyes d. 3
Horse clippers, packed in casks
or cases cl. 3
Jacks, small cl. 3
Japanned ware, in casks or
cases .cl. 3
Kitchen fireplace stands . . . .d. 3
Knitting pins d. 3
Knives or blades for cutting
machines cl. 3
Knobs, range, iron or steel . . d. 3
Knobs, door d. 3
Knockers, door d. 3
Ladles, not puddlers', iron. .d. 3
Lamp burners cL 3
Lanterns, tin or iron cL 3
Latches, door cL 3
Locks and keys cL 3
Magnets cl. 3
Match-boxes, japanned or en-
amelled tin, new, empty,
packed d. 3
Matchetts cL 3
Medals, brass or copper . . . .cl. 3
Military ornaments d. 3
Mortars and pestles, iron or
steel d. 3
Nails and rivets, brass or cop-
per d. 3
Needles (in tin-lined cases) . .d. 3
Nut crackers cl. 3
Ornaments for saddlery, brass,
iron, or steel d. 3
Ornaments for tmiform . . . .d. 3
Pans, ash d. 3
Pans, copper, for dosets .... d. 3
Pans, dust d. 3
Pans, warming ,d. 3
ALPHABETICAL CLASSIFICATION OF MERCHANDISB TRAFFIC.
425
Hardware — continued,
l^atten rings cl. 3
Patterns, travellers', hard-
ware cl. 3
Percussion cap shells cl. 3
Pins, metal, in boxes cl. 3
Plates, door cl. 3
Plates, iron, enamelled . . . .cl. 3
Pliers cL3
Powder flasks cl. 3
Pulley blocks, iron cl. 3
Pulleys, iron cl. 3
Pumps, hand, brass cl. 3
Bailway carriage keys ....cl. 3
Befrigerators cl. 3
Riddles cl. 3
Saddletrees cl. 3
Scales and weights, letter . . cl. 3
Screws, brass, copper, or zinc. cl. 3
Screws, table expanding. . . .cl. 3
Scythe blades cl. 3
Scythes and sickles cl. 3
Shears, garden and sheep . . cl. 3
Ships' logs, metal cl. 3
Shoe horns and pegs, metal-
lic d. 3
Show tablets, metal, enamel-
led cl. 3
Skates cl. 3
Skewers, iron or steel cl. 3
SnufiFers, iron or steel cl. 3
Spanners cl. 3
Spittoons, iron cl. 3
Spring balances d. 3
Springs, chair, sofa, mattress,
door, or cart cl. 3
Spurs cl. 3
Stair rods , cl. 3
Steelyards cl. 3
Stirrups cl. 3
Hardware — continued.
Sugar nippers cl. 3
Sweat scrapers, packed . . . .cl. 3
Sjrringes, garden cl. 3
Tacks cl. 3
Taper holders, metal cl. 3
Taps, brass cl. 3
Terrets cl. 3
Thimbles cl. 3
Tinware, in casks or cases . . cl. 3
Tips, brassed for boot heels . . d. 3
Tobacco boxes, metal cl. 3
Tools, carpenters', coopers',
edge, joiners', masons', and
shipwrights' cl. 3
Traps, sink, brass or copper. . cl. 3
Traps, yermin cl. 3
Trays, iron or steel cl. 3
Trivets, iron or steel cl. 3
Trouser stretchers, iron, port-
able cl. 3
Trowels d. 3
Tubes, brass or copper (except
steam tubes), packed • . . .d. 3
Umbrella fittings cl. 3
Umbrella stretchers cl. 3
Valves, brass cl. 3
Ventilators, small, iron or brass,
for buildings, packed .... d. 3
Washers, brass or copper . . cl. 3
"Weights, brass cl. 3
Wire, copper or brass, packed
in cases, casks, or in bags . . cl. 3
Hares, dead cl. 4
Haricot beans cl. 1
Harness fittings, metallic
packed d. 2
Harness, e.o.h.p cl. 4
Harrow shafts, tube iron or tube
steel d. 2
Hassocks cL 3
426
ALPHABETICAL CLASSIFICATION.
Hat and umbrella stands, cast
iron cl. 3
Hat and umbrella stands, wood . d. 5
Hat leathers cl. 4
Hats, rush, in bales, trusses, and
hampers cl. 3
Hats, soft felt cl. 4
Hats, except soft felt and rush . .cl. 6
Hawkers' packs and trusses . .cl. 4
Hay, hydraulic or steam prQsa
packed C
Hay, machine pressed, minimum
40 cwt. per waggon cl. 1
Hay, e.o.h p., minimum load
30 cwt. per waggon cl. 2
Hay forks, in cases cl. 2
Hay forks, in bundles cl. 3
Hay rakes, hand, in cases . . . .cl. 2
Hay rakes, hand, e.o.h.p cl. 3
Heads and staves, prepared for
casks C
Headstocks, iron or steel, for col-
lieries cl. 1
Heater bottoms (iron or steel) . . C
Heel balls (shoemakers') . . . .cl. 3
Helmets, metal, in cases or
boxes cl. 3
Helmets, felt, in casesor boxes . . cl. 5
Helves, or tilt hammers C
Hemp, in bales, hydraulic or
steam press packed cl. 1
Hemp, e.o.h.p cl. 2
Hemp seed cl. 1
Hemp waste cl. 1
Herbs, green cl. 3
Herrings, thoroughly cured in
brine cl. 1
Herrings, red, thoroughly
cured cl. 1
Herrings, sprats, in any state. . d. 2
Hessians, jute cl. 2
Hide cuttings cl. 1
Hides, thoroughly salted or dry,
in bales or bundles cl. 1
Hides, e.o.h.p cl. 3
Hinges, iron or steel • .cl. 2
Hinges, brass cl. 3
Hoes, hand d. 2
Hoe head plates, in the rough . . C
Hollow- ware, cast iron, nested
and packed cl. 2
Hollow-ware, iron, including
kettles, pans, maslins (pots for
boiling fruit), and water cans,
in casks or crates cl. 3
Hollow-ware, iron, including
kettles, pans, maslins (pots for
boiling fruit), and water cans,
e.o.h.p cl. 4
Hominy (grain) C
Honey, in casks, or in jars packed
in crates or cases cl. 3
Honey, e.o.h.p cl. 4
Hoof and horn waste, e.o.h.p. . . C
Hoofs, horns, and horn tips, •
bufEalo, cow, goat, ox, and
sheep, packed cl. 1
Hoofs, horns, and horn tips,
buffalo, cow, goat, ox, and
sheep, e.o.h.p cl. 3
Hooks and eyes ol. 3
Hooks, boot, button, hat, coat,
reaping d. 3
Hooks, ceiling cl. 2
Hooks, clip, galvanised iron . .d. 2
Hoop iron C
Hoop steel C
Hoops, iron C
Hoops, weldless, in the rough . . C
Hoops, wooden cl. 2
Hop bitters d. 4
Hops d. 3
Horn blocks, in the rough, for
locomotives C
ALPHABETICAL CLASSIFICATION OF MERCHANBISB TRAFFIC.
427
Horn piths or elouglis C
Horn waste, e.o.h.p C
Horns, with slough .cl. 1
Horns. See Hoofs.
Horse clippers, packed in casks
or cases cl. 3
Horse shoe hars, iron C
Horse shoes .cl. 1
Horses (dead) cl. 5
Hose, leather and canvas . . . . cl. 4
Hosiery, in bales, packs, or
trusses cl. 3
Hosiery, e.o.h.p cl. 4
Household linen and wearing ap-
parel (exclusive of silk goods),
e.o.h.p cl. 4
Housings, chocks, standards,
plain bed plates, pinions,
coupling boxes, and spindles
for rolling mills (iron and
steel) C
i^uckabacks cl. 3
Hurdles, iron or wood, e.o.h.p. . .cl. 1
Hurdles, iron or steel, on
wheels cl. 3
Hydraulic machinery and
presses cl. 1
Hygeian rock building composi-
tion, in bags or casks C
Ice cl. 2
Incubators, complete cl. 4
India rubber goods, except shoes
and goloshes cl. 3
India rubber, raw cl. 3
Indian corn C
Indigo cl. 5
Infusorial earth or diatomite . . . . C
Ingot moulds B
Ink, except printers', in boxes,
casks, or crates cl. 2
Ink, printers' cl. 3
Ink, e.o.h.p cl. 4
Iron and steel, the following
articles of —
Anchors C
Angle bars or plates G
Anvils B
Anvil blocks and cups G
Anvils, hammers, and stand-
ards for steam hammers . . . . C
Axle box guides, in the rough,
for locomotives C
Axle boxes cl. 1
Axle forgings, in the rough . . C
Axles, in the rough C
Axles and wheels (railway car-
riage, railway waggon, tram,
or corve) C
Bar iron or steol, exceeding
one cwt. per bar, in open
trucks at request of trader. . B
Bar, e.o.h.p C
Bars for tin plate making . . . . B
Beams C
Bearers C
Binders C
Bolts and nuts C
Boot protectors C
Bridge work —
Cantilevers G
Cross and longitudinal gir-
ders C
Floor plates C
Girders, whole or in part . . C
Joists C
Lattice bars C
Screw and other piles, both
hollow and soUd C
Struts and ties C
Bundles of bars C
428
ALPHABETICAL CLASSIFICATION.
Iron and eteel — continued.
Buoy sinkers B
Caissons C
Cannon balls and shot, and
shells not charged B
Cart bushes C
Chain cables C
Chains and traces, not packed C
Clippings, shearings, and
stampings of sheet iron and
tin plates, in compressed
bundles B
Colliery tubbing C
Columns C
Corrugated iron C
Crowbars C
Curbing, for roadways C
Cylinders, not turned, drilled,
planed, or slotted C
Dredger buckets and bucket
backs cl. 1
Eugine bed plates G
Ferro-manganese, e.o.h.p C
Filings B
Galvanised iron C
Gasometer sheets C
Girders C
Girder bars C
Granulated iron C
Gratings (man-hole, drain,
pavement, area, or floor) . . C
Hammer heads, in the rough . . C
Heater bottoms C
Helves, or tilt hammers C
Hoop iron C
Hoop steel C
Hoops, iron C
Hoops, weldless, in the rough C
Horn blocks, in the rough, for
locomotives C
Iron and steel — continued.
Housings, chocks, standards,
plain bed plates, pinions,
coupling boxes, and spindles,
for rolling mills C
Ingot moulds B
Lamp posts C
Malt kiln flooring (iron wire),
packed in cases cl. 1
Mortar mill rolls C
Nail rods and sheets C
Nails and spikes C
Pans, annealing d. 1
Pickblocks or pickheads, in the
rough C
Pipes (exclusive of rain-water
pipes), gas, water, air, and
steam
Pipes, for blast furnaces . . . . C
Plates-
Annealing C
Armour C
Black, in boxes, or not packed C
Boiler C
Canada cl. 1
Furnace C
Glass rolling cl. 1
Hoe-head, in the rough . . . . C
Open sand, cast B
Plough, in the rough C
Bailway fish C
Bough flooring C
Ships C
Shovel C
Tank C
Tin d. 1
Press tops and bottoms, un-
finished ,
Railway buffers, buffer heads,
rods, and sockets cL 1
ALPHABETICAL CLASSIFICATION OP MBBCHANDISB TRAFFIC. 429
Iron and steel — continued.
Hallway carriage and waggon
work C
Bailwaj chairs G
Bailway points, crossings, or
joints C
Bail way rails C
Kailway springs cl. 1
Bailway spring steel cl. 1
Ketorts, retort lids, and retort
mouthpieces in the rough . . C
Bings cl. 1
Bivets C
Bods, common C
Bods (wire), rolled, not drawn C
Bolls, turned or unturned, not
polished or packed C
Boofwork —
Bed plates C
Gutters C
Bafters C
Struts and ties or tie rods . . C
Tun shoes for principals . . C
Wind ties —
Principals C
Purlins C
Wrought or cast iron sky bars C
Scrap, minimum load four tons
per truck B
Scrap, minimum load three tons
per truck C
Scrap, e.o.h.p. cl. 1
Shafts, for driving mill wheels,
unfinished C
Sheet iron, not packed C
Shoe tips C
Sleepers C
Smiths' hearths cl. 1
Spiegeleisen, e.o.h.p. .' C
Standards for hurdles, packed C
Standards for hurdles, not
packed .cL 1
Iron and steel — continued.
Strips, not packed C
Swarf B
Telegraph posts C
Telegraph stores —
Blacked iron (cast) ridge
chairs C
Galvauised and blacked earth
plates, in bundles C
Galvanised and blacked iron
loop rods
Galvanised and blacked screw
tighteners, packed
Galvanised and blacked stay
rods, in bundles C
Galvanised and blacked stay
tighteners C
Iron poles, roofs, or caps . .
Malleable cast-iron brackets,
galvanised, packed C
Tiles (roofing), painted, gal-
vanised, or enamelled • . . . C
Tinned iron in sheets, not
packed d. 1
Tip iron C
Tram couplings cl. 1
Traps, sink and stench . . . .cl. 1
Trawl heads C
Trunnions, unfinished C
Tubes and fittings for tubes
(except electro-coppered or
coated with brass) C
Tyres and tyre bars, in the
rough C
Wall boxes C
Wall brackets C
Weights C
Wire (iron), not packed or
wrappered C
Wire iron, rolled in rods or
coils, not packed
430
ALPHABETICAL CLASSIFICATION,
Iron and steel — continued.
Wire rope, old, cut in pieces . . B
Wire (steel), not packed or
wrappered C
Iron, hoop C
Iron, liquor or muriate of . . . . cl. 2
Iron, nitrate of cl. 2
Iron ore A
Iron ore refuse, for gas purifying B
Iron, pig B
Iron, plate or sheet, annealed, cl. 1
Iron pyrites, unbumt and burnt A
Ii'on, scrap, minimum load 3 tons
per truck C
Iron, scrap, e.o.h.p d. 1
Iron, sheet, not packed C
Iron stone A
Iron, tinned, in sheets, not
packed cl. 1
Iron, tip C
Isinglass cl. 5
Ivory black , cl. 2
Ivory waste or dust cl. 2
Ivory, e.o.h.p cl. 6
Jacks, small cl. 3
Japanned ware, in casks or
cases cl. 3
Japanned ware, e.o.h.p cl. 4
Japan wax cl. 2
Jars, earthenware or stone-
ware cl. 2
Jet cl. 5
Jews' harps cl. 3
Joiners' work (common wood),
headings and mouldings (not
gilt, lacquered, or varnished),
doors and door frames, fittings
and fixtures for buildings, stair-
cases, ballusters, and handrails,
window sashes and frames, and
shutters cl. 3
Juniper berries cl. 3
Jute cl. 1
Jute waste, for paper making, .cl. 1
Kainit B
Keel bars C
Kelp cl. 1
Kilting machines, in parts,
packed d. 4
Kilting machines, fitted up,
packed cl. 6
Kips, thoroughly salted or dried,
in bales or bundles cl. 1
Kips, e.o.h.p cl. 3
Kitchen fire-place stands . . . . cl. 3
Kitool fibre cl. 2
Knapsacks, soldiers' cl. 4
Knife boards cl. 2
Knitting machines, in parts,
packed cl. 4
Knitting machines, fitted up,
packed cl. 5
Knitting pins cl. 3
Knives or blades for cutting ma-
chines cl. 3
Knobs, range, iron or steel . .cl. 3
Knobs, door cl. 3
Knockers, door cl. 3
Lac cl. 4
Lace, British, not silk cl. 4
Lace cl. 5
Laces, boot or stay, cotton or
leather cl. 3
Laces, boot or stay, e.o.h.p. . .cl. 4
Ladders, iron cl. 1
Ladders, wooden cl. 2
Ladles, puddlers' cl. 1
Ladles (not puddlers'), iron . .cl. 3
Laminated lead cl. 2
Lamp black cl. 3
Lamp burners cl. 3
Lamp, chimney (glass) cl. 3
ALPHABETICAL CLASSIFICATION OF MBRCHANDISE TRAFFIC.
431
Lamp frames (street) cl. 3
Lamp- posts, iron and steel . . . . C
Lamp reflectors cl. 3
Lamp- wick cl. 3
Lamps, paraffin, in parts (except
china or earthenware), packed
in casks and cases cl. 3
Lamps cl. 4
Lanterns, tin or iron cl. 3
Lard oil, in casks or iron drums,
round or tapered at one end d. 1
Lard, in casks, boxes, tins, or
tubs with lids cl. 2
Lard, in bladders, in crocks, in
wood, or in tubs or tins with-
out lids cl 3
Lard, e.o.h.p. .cl. 5
Lasts, iron cl. 1
Lasts, wooden cl. 2
Latches, door cl. 3
Lathe beds cl. 1
Lavatory stands and basins,
earthenware, complete, ena-
melled cl. 3
Lawn mowers, packed cl. 3
Lawn mowers, not packed . . . . cl. 4
Lawn tennis implements . . . .cl. 4
Lead ashes, in bulk B
Lead ashes, in bags cl. 1
Lead, laminated cl. 2
Lead, nitrate of cl. 1
Lead ore C
Lead, old or scrap cl. 1
Lead pencils cl. 3
Lead piping, in cases or casks .cl. 1
Lead piping, e.o.h.p cl. 2
Lead, rod cl. 1
Lead, sheet cl. 1
Leather cuttings or parings,
waste cl. 1
Leather, undressed, except in
cases or crates « cl. 2
Leather, e.o.h.p cl. 3
Leather leggings , . .cl. 4
Lemon peel and citron peel . . cl. 1
Lemon and lime juice, in cases
or casks cl. 2
Lemon and lime juice, e.o.h.p. . . cl. 3
Lemons cl. 2
Lentils « C
Life buoys cl. 3
Lime, in bulk B
Lime, e.o.h.p C
Limestone, in bulk A
Limestone, polished or dressed.. cl. 3
Lime salt C
Lime water, in casks cl. 1
Lime water, e.o.h.p cl. 3
Lime, waste, sulphate of A
Lincrusta and anaglypta decora-
tive wall papers cl. 3
Linen cloth, packed cl. 3
Linen, grey, unbleached . . . .cl. 2
Linen, waste, for paper making,
hydraulicorstcam press packed C
Linen, waste, for paper making . cl. 1
Linen, waste, e.o.h.p cl. 2
Linen yam, press packed in
bundles or bales cl. 2
Linen yam, or grey linen,
e.o.h.p cl. 3
Linseed (grain) , C
Linseed oil, in casks or iron
drums, round or tapered at
one end • cl. 1
Lint cl. 4
Liquorice • . . . cl. 3
Litharge cl. 1
Lithographic stones cl. 4
Litter (moss or peat), hydraulic
or steam press packed B
Loam B
Lobsters (fresh flsh) .d, 4
432
ALPHABETICAL CLASSIFICATION.
Locks and keys cl. 3
Locomotive eng^es and tenders,
loaded in railway companies'
waggons cl. 2
Locusts or charubs C
Logwood C
Logwood liquor cl. 2
Looking glass frames (common),
wood (not gilded, or Dutch
metalled)* cl. 3
Looking glass frames, e.o.h.p. . .cl. 5
Looking glasses and mirrors,
glass cl. 5
Looms, not packed cl. 4
Lubricating mineral oil, in casks
or iron drums, round or tapered
at one end cl. 1
Luggage or baggage, personal . cl. 4
Lustres and vases, glass cl. 5
Maccaroni • d. 3
Machinery, in parts, in cases,
e.o.h.p cl. 2
Machinery, in parts, not packed,
e.o.h.p cl. 4
Machines, fitted up, packed,
e.o.h.p d. 3
Machines, fitted up, not packed,
e.o.h.p cl. 4
Madders cl. 2
Magnesia cl. 3
Magnesia, roug^, oxide of, in
cases or casks C
Magnesium metal cl. 5
Magnesium, chloride of, in casks. C
Magnets cl. 3
Maize C
Malleable iron castings d. 1
Malt C
Malt crushers cl. 4
Malt culms or cumming C
• In the schedules of G. E. Rv., G. N.
Ry., G. W. Ry., L. & N. W. Ry., L. &
8. W. Ry., L. B. & S. C. Ry., L. C. & D.
Ry., Mid. Ry., and S. E. Ry. The words
« not gilded " only are in bracketsi
Malt, extract of d. 4
Malt, kiln, flouring (iron wire),
packed in cases cl. 1
Manganate of soda, crude, in
casks C
Manganese ore B
Manganiferous iron ore, for iron
making A
Mangel-wurzel, in bulk, for feed-
ing cattle B
Mangel-wurzel, e.o.h.p C
Manure, street, stable, farm-
yard, in bulk A
Manure, other than street, stable,
farmyard, in bulk B
Manure, e.o.h.p C
Maps, in boxes or cases cl. 4
Maps, e.o.h.p d. 5
Marble, in blocks, rough C
Marble, packed and in slabs,
cemented together d. 3
Marble chips, for pavement, in
sacks C
Marble, chip, pavement cl. 1
Marbles, children's d. 2
Margarine, in casks, firkins, or
boxes, or in tubs with wooden
lids cl. 2
Margarine, in crocks, in wood,
or in crocks when packed with
straw, in baskets cl. 3
Margarine, in baskets, flats, or
hampers, or in tubs without
lids d. 4
Margarine, in crocks, e.o.h.p. . . d. 6
Marquees or tents d. 3
Mastic d. 3
Match-boxes, japanned or ena-
melled, tin, new, empty,
packed cl. 3
Match-boxes, empty, e.o.h.p.. .d. 6
Matchetts d. 3
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC.
433
Mats and matting, e.oJi.p cl. 3
Mats, skin •••••..••• .d. 4
Mattresses • d. 4
Meal C
Meat, fresh cl. 4
Moat pies • • • .cl. 4
Meat safes d. 4
Megass, hydraulic or steam press
packed , C
Megass, machine pressed . . . .cl. 1
Megass (not hydraulic or steam
press packed, or machine
pressed), in full truck loads
or in consignments of 20 cwt. . d. 3
Megass, e.o.h.p cl. 4
Menhadden oil, in casks or iron
drums, round or tapered at
one end • d. 1
Merinoes, in bales, packs, or
trusses • cl. 3
Mexican fibre, hydraulic or steam
press packed C
Mexican fibre, machine pressed . cl. 1
Mexican fibre (not hydraulic or
steam press packed or machine
pressed), in full truck loads or
m consignments of 20 cwt. . . cl. 3
Mexican fibre, e.o.h.p cl. 4
Mica cl. 3
Middlings C
Military ornaments, except gold,
silver, or plated cl. 3
Military ornaments, e.o.h.p. . . d. 6
Milk* d. 3
Milk cans and pans cl. 3
Millboard cl. 1
Millboard rollers for winding
paper in cases cl. 3
Millet C
Millinery d. 6
* For milk by passenger trains, see
p. 211.
P.
Millstones in the rough C
Millstones, finished cl. 2
Mincing machines cl. 4
Mineral and aerated waters, in
cases and casks cl. 1
Mineral and aerated waters,
e.o.h.p cl. 2
Mineral, white C
Models, clay cl. 6
Molasses cl. 1
Molusoorium cl. 2
Mops • • cl. 3
Mordant liquors, including alum
liquor, dunging liquor, and red
liquor cl. 2
Morphia, in bottles or hampers . .cl. 6
Mortar mill rolls ••....... C
Mortar miUs cl. 1
Mortars and pestles, iron or
steel cl. 3
Mortars and pestles, marble . .cl. 3
Moss, packed , cl. 3
Moss, e.o.h.p cl. 6
Moulders, black or dust C
Mungo d. 2
Muriate of ammonia cl. 1
Muriate of manganese C
Muriate of potash C
Mushroom pulp cl. 2
Mushroom spawn cl. 2
Mushrooms cl. 4
Musical instruments cl. 6
Muslin, book, if packed in bales,
packs, or trusses cl. 3
Muslin, book, e.o.h.p. , cl. 4
Mudins , cl. 6
Mustard in casks, cases, boxes,
or bags cl. 2
Mustard, e.o.h.p cl. 3
Mustard seed cl. 1
Myrabolams C
FF
434
ALPHABETICAL CLASSIFICATION.
Nail (iron) cutting machines • .cl. 1
Nail rods and sheets C
Nails and spikes (iron or steel) . . C
Nails and rivets, brass or copper cl. 3
Nailfl, zinc cl. 2
Nectarines (ripe fruit, not hot-
house) cl. 3
Needles, in tin-lined cases . . . .cl. 3
Needles, e.o.h.p cl. 4
Netting, old, for paper making*. . C
Netting of iron wire cl. 2
Netting, cotton and twine . . . .cl. 3
Nickel cl. 3
Nickel ore cl. 2
Niger oil, in casks or iron drums,
round or tapered at one end cl. 1
Night soil A
Nitrate of baryta . . - cl. 3
Nitrate of copper in casks . . . . cl. 2
Nitrate of copper in jars or stone
bottles, covered -with wicker
basket work • • .cl. 6
Nitrate of iron cl. 2
Nitrate of lead d. 1
Nitrate of soda • C
Nitrate of silver cl. 6
Nitre cake » C
Nut crackers, except gold, silver,
or plated «cl. 3
Nut crackers, e.o.h.p d. 6
Nutmegs cl. 6
Nuts, e.o.h.p d. 2
Oakum cl. 2
Oars oL 3
Oat dust C
Oats C
Ochre C
Oil-cake C
OUcloth d. 3
Oilcloth cuttings, for paper
making cl. 1
OUs, not dangerous, in casks or
iron drums, round or tapered
at one end, as follows : —
Carbolineum avenarius ....
Castor
Cocoanut
Cod
Cod liver
Colza
Cotton seed •
Earth nut or ground nut . .
Haddock
Herring
Lard
Linseed
Lubricating mineral
Monhadden . %
Niger
Oleic
Oleine or tallow
Palm
Palm nut
Pine
Bape seed
Bosin.. .,
Seal
Shale, crude
Soap •
Sod
Sperm ••..••••..
Tar, mineral •
Train
Whale
Wool or cloth
Oils, not dangerous, in casks or
iron drums, round or tapered
at one end, e.o.h.p cl. 2
Oils, not dangerous, e.o.h.p. . .d. 3
Old sails and old tarpaulins, for
paper making C
Old or scrap lead cl. 1
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 435
Oleic add, in casks cl. 3
Oleic acid, e.o.h.p d. 4
Oleic oil, in casks or iron drams,
ground or tapered at one end . . cl. 1
Oleine or tallow oil, in caaks or
iron drums, round or tapered
at one end cl. 1
Onions cl. 1
Optical instruments cl. 5
Orange-peel cl. 1
Oranges d. 2
Orchilla weed cl. 2
Organs and organ-work d. 5
Ornaments for saddlery, brass,
iron, or steel d. 3
Ornaments for uniform, except
' gold or silver plated cl. 3
Ornaments for uniform, e.o.h.p. d. 6
Osiers, twigs, and willows,
green and wet « cl. 1
Osiers, twigs, and willows, white
or stained d. 3
Osnaburgs cl. 3
Overmantels, cast-iron, with
mirrors
Oxalic acid cl. 3
Oxide of iron C
Oysters cl. 4
Paints, in casks or iron drums, or
in tins, packed in cases . . . . cl. 2
Paints, in cans, hampers, boxes,
or iron bottles cL 3
Paints, in jars d. 5
Palisades, iron d. 2
Palliasses, straw cl. 3
Palmetto leaf, hydraulic or steam
press packed C
Palmetto leaf, machine pressed .d. 1
Palmetto leaf (not hydraulic or
steam press packed, or machine
pressed), in full truck loads, or
in consignments of 20 cwt. . . cl. 3
F
Palmetto leaf, e.o.h.p d. 4
Palm leaves cl. 2
Palm oil, in casks or iron drums,
round or tapered at one end . . d. 1
Palm nut oil, in casks or iron
drums, round or tapered at one
end d. 1
Panoramas and theatrical
scenery d. 4
Pans, ash d. 3
Pans, annealing (iron or steel) .cl. 1
Pans, chemical or dye, iron or
steel d. 3
Pans, copper, for closets cl. 3
Pans, copper d. 4
Pans, dust d. 3
Pans, earthenware or iron, for
sanitary purposes cl. 3
Pans, warming cl. 3
Paper, for news printing, pack-
ing, or wrapping cl. 1
Paper, in rolls, for printing paper
hangings cl. 1
Paper collars, cufPs, and shirt
fronts cl. 3
Paper, emery, sand, and to-
bacco d. 2
Paper, gummed for labels cl. 3
Paper hangings, common, in
bales cl. 2
Paper hangings, e.o.h.p d. 3
Paper tubes, for caps cl. 3
Paper, e.o.h.p cl. 3
Papier mach6 goods d. 5
Paraffin and petroleum oils, in
owner's tank waggons, not
giving off inflammable vapour
under 73° Fahrenheit when
tested in the manner set forth
in the Petroleum Act, 1879 . . cl. 2
Paraffin scale d. 1
Paraffin wax d. 1
f2
436
ALPHABETICAL CLASSIFICATION.
Parchment d. 6
Parian, in casks or crates ... .el. 2
Parian, in hampers d. 3
Parian, in boxes or cases . . . .cL 4
Parsnips C
Pasteboard cL 1
Patten rings el. 3
Pattens, in casks, cases, or
boxes cl. 3
Pattens, e.o.h.p cl. 4
Patterns, trayellers*, hardware d. 3
Patterns, wood, for castings . .cL 4
Peaches (ripe fruit, not hot-
house) cl. 3
Pearl hardening for paper-
making C
Pearl shells cl. 3
Pears, minimum 20 cwt. per
waggon cl. 1
Pears, e.o.h.p cl. 2
Peas, dried or split C
Peat B
Pelts, wet, from tanners, in casks
or bags C
Pelts, wet, from tanners, not
packed d. 1
Pelts, e.o.h.p d. 2
Penholders, wood or metal, ex-
cept gold or silver plated . .cl. 3
Penholders, e.o.h.p cl. 6
Pens, steel d. 4
Pepper cl. 3
Perambulators, complete or in
parts d. 5
Percussion cap shells cl. 3
Percussion caps, uncharged . .cl. 3
Perforating and paper-cutting
machines d. 4
Perfumery d. 6
Petroleum grease or petroleum
jelly cl.3
Pewter d. 2
Phosphorus paste (vermin killer),
packed d. 6
Photographic apparatus cL 5
Piassav a, hydraulic steam or press
packed cl. 1
Piassava, e.o.h.p., minimum 20
cwt. per waggon cL 2
Piassava, e.o.h.p d. 3
Pickaxes d. 2
Pick blocks or pick heads, in the
rough (iron or steel) C
Pick blocks or pick heads, iron
or steel, e.o.h.p .cl. 1
Picker bends d. 2
Pickles, in boxes, cases, or
casks cl. 2
Pickles, e.o.h.p cL 3
Picture frames, conmion, wood
(not gilded)* or Dutch met-
alled d. 3
Picture frames, e.o.h.p cL 6
Pictures cL 6
Pig iron B
Pig lead C
Pigs, dead, in carcase, not packed
or wrapped, carried in open
waggons at trader's request . . d. 1
Pimento cl. 2
Pine apples, not hot house,
packed cl. 4
Pine apples, e.o.h.p d. 6
Pine oil, in casks or iron drums,
round or tapered at one end . . cL 1
Pins, iron or steel C
Pins, metal cl. 3
Pipe clay C
Pipes, air, for ventilators . . . .d. 1
Pipes, brass or copper d. 4
Pipes, draining, common, for agri-
cultural draining B
* lli« bradcets are so.
ALPHABETTCAL CLASSIFICATION OF MERCHANDISE TRAFFIC.
43;
Pipes (iron or steel, exclusive of
rain water pipes), gas, water,
air, and steam C
Pipes (iron or steel) for blast
furnaces C
Pipes, rain water, for spoutings
and their connections, cast
iron d. 2
Pipes, smoking d. 4
Pistols cl. 4
Piston rods, steel cL 2
Pit cages , . .cl. 1
Pitch, coal tar, in blocks B
Pitch, e.o.h.p C
Pitwood, for mining purposes . . C
Plaiting machines, in parts,
packed cl. 4
Plaiting machines, fitted up,
packed cl. 5
Plants, e.o.h.p cl. 3
Plants and shrubs (garden) in
baskets, mats, pots, or tubs. .cl. 5
Plaster C
Plaster slabs, fibrous cl. 1
Plaster stone, in lumps, unground B
Plate or sheet iron, annealed . .d. 1
Plated goods cl. 4
Plates, door cl. 3
Plates, iron, enamelled cl. 3
Plates, iron or steel —
Open, sand cast B
Annealing C
Armour C
Black, in boxes or not packed C
Boiler C
Furnace C
Hoe head, in the rough C
Plough, in the rough C
Bailway fish C
Bough flooring C
Plates, iron or steel — continued.
Ships • C
ShoTcl C
Tank C
Canada cl. 1
For glass rolling d. 1
Tin cl. 1
Platinum cl. 5
Pliers cl. 3
Ploueh arm and share moulds
and moulding, iron or steel d. 1
Plough bodies, breasts, colters,
side caps, frames, or rests, iron
or steel cl. 1
Plough plates, in the rough (iron
or steel) C
Plough plates, finished, iron or
steel cl. 1
Plough shafts, tube iron or tube
steel cl. 2
Plough shares, iron or steel, in
the rough C
Plough shares, finished, iron or
steel cl. 1
Plough dades and wheels, iron or
steel cl. 1
Plumbago d. 2
Plumbago ore C
Plums, dried, in fancy boxes . .d. 4
Plush silk cl. 5
Polishing paste d. 2
Pollards or thirds (grain) ', C
Porcelain cl. 4
Pork in brine d. 2
Portmanteaus cl. 5
Posts, iron or steel, for wire
fencing C
Potatoes in bulk or in sacks . . . . C
Pots, iron, for melting iron . . . . C
Potsherds B
Poultry, dead d. 4
438
ALPHABETICAL CLASSIFICATIOX.
Poultry, alive cl. 6
Poultry pens, wire, folded . . . .d. 2
Prawns (fresh fish) cl. 4
Powder flasks : d. 3
Preserved g^inger cl. 4
Preserves (fish, fruit, meat, and
provisions), in casks, boxes, or
cases cl. 2
Preserves (fish, fruit, meat, and
provisions), e.o.h.p., in crates
or baskets cl. 3
Preserves (fish, fruit, meat, and
provisions), e.o.h.p cl. 4
Press tops and buttons, unfinished C
Principals (wind ties) C
Printed matter, not bound . . . .cl. 2
Provender, green cl. 1
Provender, horse or cattle, hy-
draulic or steam press packed cl. 1
Provender, horse or cattle,
o.o.h.p cl. 2
Prunes in casks or mats cl. 2
Puddled bar, iron B
Pulley blocks, wood or iron . .d. 3
Pulleys, iron d. 3
Pumice stone d. 1
Pumping machines d. 1
Pumps (except hand pumps, brass)
and pump castings, e.o.h.p. . .cl. 1
Pumps and pump castings, in
cases cl. 2
Pumps and pump castings,
e.o.h.p d. 3
Pumps, hand, brass d. 3
Punchiug bears cl. 1
Purple ore A
Putty, e.o.h.p cl. 1
Pyrites, e.o.h.p C
Pyrites, iron, unbumt and burnt A
Quarls B
Quicks, e.o.h.p cl. 3
Quicksilver d. 6
Quills d. 6
Babbit fur or hatters' wool . .cl. 8
Babbits, dead d. 4
Baffia d. 8
Baf ters (iron or sted) C
Bags, not oily, hydraulic or steam
press packed C
Bags, not oUy d. 1
Bags, pulled d. 2
Bailway buffers, buffer heads,
rods, and sockets (iron or
Bteel) d. 1
Bailway cards and tickets . . . .cl. 3
Bailway carriage and waggon
work (iron and steel) C
Bailway carriage keys d. 8
Bailway chairs (iron and steel). . C
Bailway cotters C
Bailway fish plates (iron or
steel) C
Bailway keys, wooden C
Bailway points, crossings, or
joints (iron or sted) C
Bailway rails (iron or sted) . . . . C
Bailway springs d. 1
Bailway springs, sted d. 1
Bailway waggon bodies cl. 2
Bailway waggon bodies, fitted
togetiier cl. 2
Bailway waggon brasses . . . .cl. 2
Bailway waggons and other rail-
way vehicles loaded in other
waggons C
Bain-water pipes for spoutings
and their connexions, cast
iron ....d. 2
Baisins d. 2
Bape seed oil, in casks or iron
drums, round or tapered at one
end d. 1
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 439
Baspberries (ripe, not hot-
house) (i. 3
Easpberries, in tubs for jam . .d. 2
Bassor strops cl. 4
Eedlead cl. 1
Bed mullet (fresh fish) cl. 4
Beeds and rushes cl. 4
Beed webbing, for ceilings . .d. 2
Beels, for garden hose d. 3
Beflectors, glass, with metal
backs cl. 4
Befrigerators cL 3
Bennet cl. 3
Betorts, day cl. 1
Betorts, firebrick d. 1
Betorts, glass d. 6
Betorts, retort lids, and retort
mouth pieces, in the rough
(iron and steel) C
Bevalenta arabica d. 2
Bhubarb, and rhubarb roots . .d. 2
Bibbons d. 5
Bice C
Bice points or husks C
Bick poles and covers d. 3
Biddies d. 3
Bidges, cement or stone, for roof-
ing C
Bidges, date C
Bifles d. 4
Bings (iron and steel) d. 1
Bivets, iron and steel C
Bivets, brass or copper cl. 3
Biveting machines d. 1
Bizine cl. 2
Boad scraping and road sweep-
ing machines cl. 3
Bock crystal d. 3
Bock salt B
Becking horses cl. 6
Bod lead d. 1
Bods, common (iron and steel) . . C
Bods (wire), rolled, not drawn . . C
Boilers, brass or copper d. 6
Boilers, garden or hand cl. 1
Boilers, type printers' cl. 4
Bolls (iron or steel), turned or
unturned, not polished or
packed C
Bolls, iron, e.o.h.p cl. 2
Boof work (iron and steel) —
Bed plates C
Ghitters C
Bafters C
Struts and ties, or tie rods. . . . C
Tun shoes for principals C
Wind-ties— C
Principals C
Purlins C
Wrought or cast iron sky bars . C
Bopes d. 2
Bopes, old, for paper making . . C
Bopes, wire cl. 2
Bosin cl. 1
Bosin oil, in casks or iron drums
round or tapered at one end.cl. 1
Botten stone cl. 1
Bugs, hearth, except skin .... d. 3
Bye C
Saccharine, in casks, bags, pails,
cans cl. 1
Sacks d. 2
Sad irons, packed cl. 1
Sad irons, e.o.h.p cl. 2
Saddlery or harness, in tin-lined
cases or casks cl. 3
Saddlery, e.o.h.p cl. 4
Saddle trees cl. 4
Safes, iron or steel cl. 2
Sago cl. 2
Sago flour C
440
ALPHABETICAL CLASSIFICATION.
Salammoniac d. 1
Salmon (fresh) cl. 4
Salt, in bulk B
Salt, packed C
Salt, cake C
Salt, rock B
Saltpetre d. 1
Sand A
Sand, glass and silver C
Sanitary tubes C
Sauces, in boxes, cases, or casks d. 2
Sauces, e.o.b.p d. 3
Sausages and saveloys cl. 4
Sawbencb macliines, portable,
packed cl. 3
Sawbench machines, portable,
not packed cl. 4
Sawdust C
Sawing machines, for sawing
iron cl. 1
Scale beams and scales d. 3
Scales and weights, letter . . . . cl. 3
Scoops, iron cl. 2
Scoops, wood cl. 3
Scouring rock C
Scrap iron and sted, minimum
load four tons per truck B
Scrap iron and steel, minimum
load three tons per truck . . . . C
Scrap iron, e.o.h.p d. 1
Scrap tin cl. 1
Scrap zinc d. 2
Screw jacks, iron d. 1
Screw jacks, except iron d. 3
Screw propeller blades C
Screw propellers cl. 2
Screws, brass, copper, or zinc. .cl. 3
Screws, table expanding d. 3
Scrolls, iron (for fixing springs
to carts and carriages) cl. 2
Scrows, wet from tanners, in
casks C
Scrows, dry, in casks or bags. .d. 1
Scrows, wet from tanners, not
packed cl. 1
Scrows, e.o.h.p d. 2
Scythe blades cl. 3
Scythe sneds or handles cl. 3
Scythes and sickles cl. S
Sealing wax cl. 3
Seal oil, in casks or iron drums
round or tapered at one end cl. 1
Seal pipes or valves, iron or steel d. 1
Seal skins, wet and salted . . . .cl. 2
Seal skins, e.o.h.p cl. 4
Seal skins, made into articles of
wearing apparel cL 5
Seaweed, dry, or alga marina, .cl. 2
Seaweed, edible cL 3
Seeds, agricultural, e.o.h.p. . .d. 2
Seeds, for crushing, for oil C
Seeds, e.o.h.p d. 4
Semolina d. 2
Serpentine, manufactured,
packed d. 5
Sewing machines, in parts,
packed d. 3
Sewing machines, fitted up,
packed cL 6
Sewing machine stands, in parts,
packed in cases or frames . .d. 3
Sewing machine stands, e.o.h.p. cL 4
Shafts, cart cl. 3
Shafts, for driving mill-wheels,
tmfinished (iron and steel) . . . . C
Shafts, for driving mill-wheels
(wrought iron), finished . . , . d. 1
Shafts, gig, carriage, or dog cart,
not painted or varnished. . . .cl. 3
Shafts, gig, carriage, or dog cart,
not painted or varnished,
e.o.h.p d. 4
ALPHABBTICAL CLASSIFICATION OF liERCHANDISE TRAFFIC.
441
Shafts of screw propellers or
paddle wheels, iron or steel . . C
Shakings from cotton mills, for
paper making C
Shale oil, crude, in casks or iron
drums round or tapered at one
end cl. 1
Sharps or seconds (grain) C
Shavings, wood d. 3
Shears, garden and sheep . . . .cl. 3
Sheep dipping powder cl. 1
Sheep racks d. 4
Sheep skins, in casks and tho-
roughly salted or dry, in bales
or bundles d. 1
Sheep skins, e.o.h.p cl. 3
Sheep wash d. 1
Sheet iron, not packed C
Sheet lead d. 1
Sheet steel d. 3
Sheets, wool, new d. 2
Shellac cl. 3
Shelling (grain) C
SheUs cl.3
Ships' blocks cl. 3
Ships' logs, metal cl. 3
Ships' masts cl. 2
Ships' plates (iron and steel) . . . . C
Ships' sails, finished cl. 3
Ships' stern or rudder frames, .d. 1
Ships' ventilators d. 2
Shirts, cotton, woollen, and linen,
in bales, packs, trusses, and
hampers cL 3
Shirts, e.o.h.p d. 4
Shoddy d. 2
Shoe horns and pegs cl. 3
Shoe tips (iron and steel) C
Shoemakers' wax d. 2
Shoes and boots, including go-
loshes and leather cut into sole
shapesyin casks,cases,or boxes cl. 3
Shoes and boots, including as
above, in hampers (white
rod) cL 4
Shoes and boots, including as
above, e.o.h.p cl. 5
Shot belts d. 3
Shot lead in bags, packed in
cases cl. 1
Shot lead, e.o.h.p cl. 2
Shovel plates, iron or steel,
fimshed cl. 1
Show cards (cardboard), un-
framed cl. 3
Show cards, e.o.h.p cl. 4
Show cases, for shops, glass, and
woodwork cl. 6
Show tablets, metal, enamelled .cl. 3
Shrubs and trees, e.o.h.p d. 4
Shudes (grain) C
Shumac C
Shumac liquor cl. 2
Shutters, revolving wooden . .d. 3
Shuttles, weavers' cl. 3
Signal posts (railway) and ma-
terials belonging thereto . . . . cl. 2
Silicate cotton or slag wool, in
casks or bags cl. 1
Silicate cotton or slag wool,
e.o.h.p cl. 2
Silicate of soda C
Silk cl. 6
Silver, nitrate of d. 6
Silver ore cl. 3
Silver precipitate cl. 6
Sinks, cast iron, not enamelled .d. 2
Sinks, enamelled d. 3
Sink traps, earthenware or fire
clay d. 1
Size, in cases or casks d. 1
Size, e.o.h.p d. 2
Skates cl. 3
Skewers, iron or steel cl. 3
442
ALPHABETICAL CLASSIFICATION.
Skid pans, or waggon slippers,
iron d. 1
Skimmings, flux, lead, tin, or
zinc B
Skins, fine, including deer, fox,
kid, musquash, and nutria, .cl. 4
Skins, hare and rabbit d. 3
Slabs. See Slate Slabs.
Slack A
Slag or scoria, blast furnace .... A
Slag, glass, refuse from glass
works C
Slate beds of billiard tables,
packed in cases cl. 3
Slate, ground, for cement C
Slate pencils cl. 2
Slate slabs, in the rough, or
roughly squared or planed,
not packed B
Slate slabs, not polished or
enamelled, in cases d. 1
Slate slabs, e.o.h.p d. 3
Slates, common B
Slates, writing d. 2
Sleepers, iron and steel C
Slummage C
Smelts, fresh (fish) cl. 4
Smiths' hearths (iron and steel) .cl. 1
Snuff cl. 4
Snuffers (iron or steel) cl. 3
Soap cl. 1
Soap oU, in casks or iron drums
round or tapered at one end .cl. 1
Soap, stone C
Sod oil, in casks or iron drums
round or tapered at one end.cl. 1
Soda C
Soda, acetate of d. 1
Soda ash C
Soda, bicarbonate of, in casks . . C
Soda, bicarbonate of, in boxes,
crates, or hampers d. 2
Soda, bichromate of, in casks, .cl. 1
Soda, bichromate of, e.o.h.p. . .cl. 3
Soda, chlorate of, packed in
hampers or casks d. 2
Soda, silicate of C
Soda, sulphate of C
Soda, stannite of d. 2
Solder d. 1
Sole bars, wooden C
Sole plates, iron or steel, for
steam hammers C
Soles (fresh fish) d. 4
Soot C
Spades and shoyels, iron or
steel cl. 2
Spades and shovels, wooden , .cL 4
Spade trees d. 1
Spanners • 'cl. 3
Spar, in the rough, in bulk . . . . B
Spar, g^und C
Spelter, in plates or ingots C
Spelter sheets, in casks or
cases cl. 1
Spelter sheets, e.o.h.p cl. 2
Spermaceti cl. 4
Sperm oil, in casks or iron drums
round or tapered at one end.d. 1
Spetches, wet from tanners, in
casks C
Spetches, wet from tanners, not
packed d. 1
Spetches, dry, in casks or bags d. 1
Spetches, e.o.h.p d. 2
Spiegeleisen, in bulk B
Spiegeleisen, e.ch.p C
Spile pegs d. 1
Spindles, in boxes cL 3
Spindles, e.o.h.p d. 4
Spirits, in casks or cases d. 3
Spirits, in hampers d. 4
Spirits, e.o.h.p d. 5
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC.
443
Spirits of tar, in casks or iron
drums el. 2
Spirits of tar, e.ch.p cl. 4
Spittoons cl. 3
Splints, wood, for matclies . . . .cl. 3
Sponges cl. 5
Spoutings and connexions, iron or
steel cl. 2
Spring balances d. 3
Springs, chair, sofa, mattress,
door, or cart cl. 3
^purs, not plated cl. 3
Squeegees, for cleaning ships'
decks, &c cl. 3
Stable fittings, except enamelled,
iron or steel cl. 2
Stable fittings and mangers, iron,
enamelled cl. 3
Stag horns cl. 4
Stair rods d. 3
Stampings, iron or steel, rough,
unfinished, not tinned or gal-
vanised cl. 1
Standards, for hurdles, iron and
steel, packed C
Standards, for hurdles, as above,
not packed cl. 1
Stannite of potash cl. 2
Stannite of soda cl. 2
Staples, iron cl. 1
Staples, wire, for bookbinders cL 2
Starch, in casks, cases, boxes, or
bags cl. 2
Stiuxih, e.o.h.p cl. 3
Stationery, e.o.h.p d. 3
Stays, not silk, for wearing
apparel cl. 3
Steam excavators or steam
navvies d. 2
Steam gauges d. 4
Steam hammers cl. 1
Stearine. cl. 1
Steel bar3 and bundles cl. 2
Steel, sheet d. 3
Steel and iron, articles of. See
under Iron.
Steelyards cl. 3
Stereotype casts d. 4
Sticks, pea and bean C
Stills, iron cl. 3
Stills, copper d. 4
Stirrups d. 3
Stone and undressed material for
repair of roads A
Stone, wholly undressed, straight
from a quarry A
Stone, in the rough state, building,
pitching, paving, curb, or flag B
Stone, sawn or roughly wrought
up, such as troughs or sinks . . C
Stone, carved for building pur-
poses d. 2
Stone, decorative, carved for deco-
rating the interior of buildings cl. 4
Stone, blue, in casks, cases, boxes,
or bags cl. 2
Stone, blue, e.o.h.p d. 3
Stone cutting and crushinff
machines cL 1
Stoves, gas or oil cl. 3
Stoves, fireclay tile cl. 4
Straw, hydraulic or steam press
packed C
Straw, machine pressed, TniTiimnTn
40 cwt. per waggon d. 1
Straw (not hydraulic or steam
press packed or machine
pressed), in full truck loads or
in consignments of 20 cwt. . . d. 3
Straw, e.o.h.p d. 4
Strawberries, ripe (not hot-
house) cl. 3
Strawberries, in tubs for jam. .cl. 2
Strawboard d. 1
444
ALPHABETICAL CLASSIFICATION.
Strawboard cuttings, for paper
making cl. 1
Straw goods, including straw
hats and straw bonnets . . . . cl. 5
Straw plait d. 5
Strickles, in boxes or cases . . cL 2
Strickles, e.o.lL.p cl. 3
Strips, iron or steel, not packed. . C
Stucco, ground C
Studs, iron or steel d. 1
Stuff goods, in bales, packs, or
trusses d. 3
Stuff goods, e.o.li.p cl. 4
Sud cake manure B
Sugar, in bags, cases, or casks .d 1
Sugar, e.o.h.p cl. 3
Sugar candy cl. 3
Sugar mats, old, for paper
making C
Sugar mills cl. 2
Sugar nippers, except gold, silver,
or plated cl. 3
Sugar nippers, e.o.li.p cl. 6
Sugar scum, for manure B
Sulphate of alumina C
Sulphate of ammonia C
Sulphate of copper, for export, in
10 ton lots C
Sulphate of copper, e.o.h.p. . .cl. 1
Sulphate of iron C
Sulphate of lime C
Sulphate of lime, waste A
Sulphate of magnesia C
Sulphate of potash B
Sulphate of soda C
Sulphur, crude or unmanufactured C
Sulphur, e.o.h.p cl. 1
Sulphur ore B
Summer houses cl. 6
Surat bagging, for paper
making cl. 1
Surgical instruments d. 5
Swiurf (iron and steel) B
Sweat scrapers, packed cl. 3
Swing boats and hobby horses. cl. 4
Syringes, garden d. 3
Syrup, in casks d. 1
Syrup, in cases, in tins, in bas-
kets, or in stone bottles packed
in crates or hampers d. 3
Tables, cast iron or cast sted. .d. 4
Tables, cast iron or sted, in
parts cl. o
Tabling, water, cement cL 1
Tadcs cl. 3
Talc cL3
Tallow cL 1
Tamarinds d. 3
Tan oil, in casks or iron drums
round or tapered at one end.d. 1
Tan or spent bark B
Tank plates (iron and steel) . . . . C
Tanks cL 4
Tap or mill cinder A
Taper holders, metal cL 3
Tapes d. 3
Tapioca d. 2
Tapioca flour cL 2
Taps, brass d. 3
Tar oil (mineral), in casks or iron
drums round or tapered at one
end d. 1
Tares (grain) C
Tares or wrappers for cotton
bales d. 1
Targets, iron or steel C
Tarpaulins cL 2
Tartar, liquid d. 2
Tartaric acid d. 4
Tea cl. 3
Teazles d. 5
ALPHABETICAL CLASSIFICATION OF liSRCHAMDISE TRAFFIC. 445
Telegraph insulators, earthen-
ware, packed cl. 1
Telegraph instruments, packed .el. 4
Telegraph posts (iron and steel) . . C
Telegraph stores (iron and steel) —
Blacked iron (cast) ridge
chairs C
Galranised and blacked earth
plates in bundles C
Galvanised and blacked iron
loop rods C
Galvanised and blacked screw
tighteners, packed C
Galvanised and blacked stay
rods, in bundles C
Gtilvanised and blacked stay
tighteners C
Iron poles, roofs, or caps . . . . C
Malleable cast iron brackets,
galvanised, packed C
Telegraph stores —
Wrought iron double swivels . d. 1
Malleable cast iron double wall
brackets cl. 1
Malleable cast iron saddles . . cl. 1
Telephone apparatus, packed, .cl. 4
Telescopes cl. 6
Teme metal cl. 2
Terra alba C
Terra-cotta blocks and bricks . . C
Terra-cotta caps and stoppers .cl. 1
Terrets cl. 3
Textile fabrics, made of mixed
cotton, linen, wool, or similar
materials cl. 4
Theatrical luggage cl. 4
Thermometers cl. 5
Thimbles, except gold, silver, or
plated cl. 3
Thimbles, e.o.h.p cl. 5
Thread, cotton and linen . . . .cl. 3
TUes, art cl. 4
Tiles, paving, draining, roofing,
or garden edging, common . . B
Tiles (roofing, iron and steel),
painted, galvanised, or ena-
melled C
Tiles, e.o.h.p.
• • • • •
• •••••••«
Timber, actual machine weight. . C
Timber, measurement weight, .d. 1
Tin crystals cl. 4
Tin, in blocks, cakes, or ingots cl. 2
Tincal d. 2
Tinfoil d. 2
Tin liquor cl. 2
Tinned iron, in sheets, not
packed cl. 1
Tin ore cl. 1
Tin plates (iron and steel) . . . .cl. 1
Tin ware, in casks or cases cl. 3
Tin ware, e.o.h.p cl. 4
Tip iron C
Tips, brassed for boot heels . .cl. 3
Toasting forks, iron or steel . . cl. 3
Tobacco boxes, metal cl. 3
Tobacco, cigars, and cigarettes .cl. 5
Tobacco juice, in casks cl. 2
Tobacco juice, e.o.h.p cl. 3
Tobacco leaf, in hogsheads or
tierces cl. 2
Tobacco leaf, e.o.h.p cl. 3
Tobacco, manufactured, except
cigars and cigarettes cl. 4
Tobacco stoves or presses . . . . cl. 2
Tomatoes cl. 4
Tonquin beans d. 5
Tools, well boring and pit bor-
ing cl. 2
Tools, carpenters', coopers', edge,
joiners,' masons', and ship-
wrights' cl. 3
Torchwick cl. 2
Tortoiseshell cl. 6
Tow, in bales, minimum 60 cwt.
per waggon cl. 1
446
ALPHABETICAL CLASSIFICATION.
Tow, in bales, e.o.h.p el. 2
Tow, e.o.li.p el. 3
Tow waste, hydraulic or steam
press packed C
Tow waste, for paper making, .d. 1
Tow waste, e.o.h.p d. 2
Toys, packed d. 3
Toys, e.o.h.p cl. 4
Tram couplings (iron and steel) d. 1
Traps, sink and stench (iron and
steel) cl. 1
Traps, sink, brass or copper . .cl. 3
Traps, vermin cL 3
Trawl heads (iron and steel) . . . . C
Trays, iron or sted cl. 3
Treacle cl. 1
Trellis work, wood, in bundles .d. 3
Trenails C
Trestles, wrought iron cl. 1
Tricycles and velocipedes . . . .cl. 5
Trivets, iron or steel d. 3
Troughs, earthenware and fire-
clay C
Troughs, bakers', wooden . . . .cl. 3
Troughs, cattle and other, iron
or steel cl. 3
Trousor stretchers, iron, port-
able cl. 3
Trout (fish) d. 4
Trowels cl. 3
Trunks cl. 6
Trunnions, imfinished (iron and
steel) C
Tubes, brass or copper, except
steam packed cl. 3
Tubes, brass or copper, e.o.h.p. cl. 4
Tubes, coated with brass . , . . cl. 2
Tubes, electro coppered cl. 2
Tubes, and fittings for tubes (iron
and steel), except electro-cop-
pered or coated with brass . . . . C
Tubes, steam, brass or copper . d. 2
Tubes, tin and zinc d. 4
Tubing, brass or copper,
e.o.h.p d. 4
Tubs, iron d. 2
Tubs, washing d. 3
Tubs, wood d. 3
Tue irons cl. 2
Tun shoes for principals (roof-
work, iron ana steel) C
Turbot (fish, fresh) d. 4
Turf B
Turmeric d. 2
Turnery ware d. 3
Turnips, in bulk, for cattle feed-
ing B
Turnips, e.o.h.p C
Turn tables, in parts C
Turpentine^ crude, in casks . .d. 1
Turpentine, spirits of, in casks or
iron drums cl. 2
Turpentine, spirits of, e.oJi.p. d. 5
Turtle d. 6
Twine d. 2
Type d. 8
Tyres and tyre bars, in the
rough C
Ultramarine d. 4
Umber C
Umbrellas cl. 4
Umbrella fittings cl. 3
Umbrella sticks, in the rough cL 2
Umbrella sticks, e.o.h.p cL 4
Umbrella stretchers cL 3
Yalonia C
Valves, brass d. 3
Valves, goB or water, iron or
steel d. 1
Vans, commercial travellers' . . cl. 4
Varnish, in casks or iron drums cl. 2
Varnish, e.o.h.p cl. S
ALPHABETICAL CLASSIFICATION OF MERCHANDISE TRAFFIC. 447
Vaseline d. 3
Vats d. 4
Vegetable ivory cl. 3
Vegetable tar C
Vegetable wasliiBg machines, .cl. 4
Vegetable wax cl. 2
Vegetables; desiccated, for cattle
food d. 1
Vegetables, hothouse, packed, .d. 4
Vegetables, in brine cl. 1
Vegetables, not packed, e.o.h.p.,
minimum 20 cwt. per waggon cl. 1
Vegetables, packed, e.o.h.p. . . cL 2
Velvet cotton, in bales, packs, or
trusses cl. 3
Velvet, e.o.h.p cl. 6
Veneers cl. 4
Venison d. 4
Ventilators, small, iron or brass,
for bmldings, packed cL 3
Ventilators, e.o.h.p cl. 6
Verdigris d. 4
Verjuice, in casks cl. 1
Vermicelli cl. 3
Vetches C
Vices, iron or steel cl. 2
Vinegar, in casks cl. 1
Vinegar, in cases cl. 2
Vinegar, e.o.h.p cl. 3
Wadding, cotton '. . . . cl. 3
Waggon bodies, in pieces, bound
together cL 1
Walking sticks, e.o.h.p d. 4
Walking sticks, in the rough . . cl. 2
Wall boxes (iron and steel) . . . . C
Wall brackets (iron and steel) . . C
Walnuts, green, and husks. . . .cl. 2
Warps, except silk d. 4
Washers, brass or coppers . , . .cl. 3
Washers, iron or steel C
Washers, leather cl. 2
Washing and wringing machine
rollers cl. 1
Washing and wringing machines,
packed d. 3
Washing and wringing machines,
not packed cl. 4
Washing powder and paste . . cl. 1
Wash leather cl. 3
Washstand tops,marble, packed cl. 3
Waste paper for paper making. . C
Waste sulphate of lime A
Watch glasses cl. 4
Water cans (hollow ware) . . . . cl. 3
Water meters cl. 3
Weighing machines, large (those
used for weighing railway
and other vehides, and also
cattle) cl. 2
Weighing machines, small (those
used for weighing packages
and goods) cl. 3
Weights C
Weights, brass cl. 3
Whalebone cl. 4
Whale oil, in casks or iron drums
round or tapered at one end . . cl. 1
Wheat (grain) C
Wheelbarrows, in parts cl. 1
Wheelbarrows. And see under
Builder's Implements cl. 3
Wheels, cart and plough, iron or
steel cl. 1
Wheels, fly or spur cl. 1
Wheels, wheelbarrow, iron or
steel d. 1
Wheels, rudder or steering, in
cases, crates, or frames . . . .d. 3
Wheels, rudder or steering,
e.o.h.p cl. 4
448
Al.PHABETICAL CLASSIFICATION.
Wheels, cart, coacli, or carriage cl. 4
Whelks cl. 1
Whetstones and honestones . . cl. 3
Whisks, packed cl. 3
Whitebait cl. 4
White lead .'.cl. 1
Whiting and whitening C
Winches, hand cl. 1
Winches, steam cl. 3
Wind ties (roof work), principals,
and purlins (iron and steel) . . C
Window frames, iron, packed in
cases cl. 2
Window frames, iron, e.o.h.p. .cl. 3
Window guards, iron cl. 1
Window sashes, in frames, and
shutters (joiners' work), com-
mon wood d. 3
Window shutters j iron or steel . . d. 2
Wines, British, in casks cl. 2
Wines, British, e.o.h.p.
Wines, in casks or cases
Wines, in hampers
.cl. 3
.d. 3
.cl.4
Wines, e o.h.p cl. 5
Wire (of iron or steel, including
tinned or galvanised), in
wrapped coils or not otherwise
packed C
Wire, cotton covered, in casks,
hampers, cases, and canvas
covered coils cl. 2
Wire, iron or steel, e.o.h.p. . .cl. 2
Wire, lead cl. 2
AVire, copper or brass, packed in
cases or casks, or in bags . . cl. 3
Wire, insulated cl. 4
Wire, polished or needle cl. 4
Wire gauze cl. 4
Wire rope, old, cut in pieces
(iron and steel) B
Woad d. 1
Wolfram C
Wood, bent, rough, imfinished.d. 2
Wood, bent, e.o.h.p cL 8
Wood fibre, hydraulic or steam
press packed C
Wood fibre, in bales d. 1
Wood pulpj or half stuff C
Wood pulp, middles d. 1
Wood treads, in frames, for
stairs cL 1
Wood turnings, for fish-curing. . C
Wooden blocks, for paving . . . . C
Wooden boxes, for packing tin
plates C
Woodwork, carved, for decorat-
ing the interior of buildings . . d. 5
Woodwork, for the manufacture
of organs d. 4
Woodwork, for the manufacture
of pianos cL 4
Wool, dressed or carded. . . . , .cL 8
Wool, raw cL 2
Wool or cloth oil, in casks or iron
' drums roimd or tapered at one
end d. 1
WooUen and worsted goods, in
bales, packs, or trusses . . . . cL 3
Woollen and worsted goods,
e.o.h.p cL 4
Woollen doth, in bales, packs, or
trusses cl. 3
Woollen doth, e.ch.p cl. 4
Wrought or cast iron skjbars . . C
Xylonite d. 3
Yam, twist, and. weft, cotton and
linen, in bales, bags, wrappers,
cases, boxes, skips, or casks cl. 2
Yams, twist, and weft (except
sHk) cl.S
ALPHABETICAL CLASSIFICATION OF MBRCHANDISE TBAFFIC.
449
Teast, e.o.lLp. See also under
Qroceries (mixed) cl. 4
Teast, in bags, or in bags in
baskets, hjdraulicpress packed,
dry cl. 2
Yellow metal bolts and naUs. .d. 2
Yellow metal plates and sbeath-
ing cl. 1
Yellow metal rods cl. 2
Yellow or Persian berries .... d. 3
Yolk of eggs cl. 5
Zinc ashes B
Zinc bars cl. 2
Zinc, carbonate of C
Zinc ingots or plates C
Zinc'ore B
Zinc ridges cl. 1
2jino sheets or rods C
Zinc, white, or oxide of zinc . . . . C
1).
G a
451
APPENDIX A.
Bailway and Canal Traffic Act, 1888.
INCREASE OF RATES.
OEDEE OF THE BOARD OF TRADE.
[Sect. 33, sub-Beot. 6, of the Traffic Act, 1888.]
1. Where a railway companj intend to increase any
toll, rate, or charge published in the books required to be
kept by the company for public inspection under sect. 14
of the Regulation of Railways Act, 1873, and the Railway
and Canal Traffic Act, 1888, notice of the intended in-
crease shall, not less than fourteen days before the date on
which the increased toll, rate, or charge is to take effect :
(a) Be published once at least in one of the newspapers
which has a circidation in the district, or in each of
the several districts, comprising the stations or
places the traffic at or between which is subject to
the toll, rate, or charge which it is intended to in-
crease; and
(b) Be printed in large iype and posted and afterwards
kept posted for a period of not less than twenty-
eight days in a conspicuous place in each of the
stations on the company's railway the traffic at or
between which is subject to the said toll, rate, or
charge.
Provided that if a rate which it is intended to increase
is one \mder which no merchandise traffic has been carried
on the company's railway during the twelve months imme-
diately preceding the date on which the intended increase
QG 2
452 Appendix A.
of suoh rate is to take effect, no notioe of the intended
increase need be published in any newspaper.
2. The notice shall be in the form in the schedule hereto
with any necessary additions, and shall specify with refer-
ence to each altered toll, rate, or charge, the date on which
it is to take effect.
Signed, by order of the Board of Trade, this 25th day
of January, 1889.
COUKTENA'X BOITLE,
Assistant Secretary, Bailway Department.
SCHEDULE.
Form of Notice of Increase of TollSy JRateSy and Charges.
The Railway and Canal Traffic Act, 1888.
The [name of company']^
Notice of Increase of Bates {Tolls and Charges).
Notice is hereby given, pursuant to the Bailway and Canal
Traffic Act, 1888, and tlie order of the Board of Trade thereunder,
dated the day of , 1889, that the above-mentioned
company intend to increase the under-mentioned of the rates (a)
published in the books required by Act of Parliament to be kept
for public inspection to the extent and in the manner under-
mentioned, and that the altered rates are to come into force on the
[state a date at least fourteen days later than tJie date of the notice'].
Signed ,
Dated the day of , 1889.
ALTEBATION OF BATES.
[T?ie alteration must be in the manner which is most convenient^
having regard to the nature and number of the rates and the manner
in which it is intended to alter them,]
(a) If it is intended to alter toUs or charges this should be stated.
X!
P
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SYNOPSIS OP
MAXIMUM BATES.
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ja^PENDlX I>.
ENGLISH BAIL
SYNOPSIS OF MAXIMUM
KAILWAY COMPANY.
Abbotsbiiry Ry. Co. &c. —
Scale I. (ComwallMineralB & Frincetown)
Scale n. (General)
Class 1.
Station Terminal, Is. 6d.
First
20
Mfles.
Brecon & Merthyr By. Co. &c.
Cambrian By. Co.
Cleator & Workington June. By. Co. &c-
Scalel
Scale II. (Cockermonth, &o. Co.)
Scale ni. (Corns)
Scale IV. (Severn A Wye)
Scale Y. (Southwold)
Next
80
Miles.
East London By. Co.—
Scale I
Scale n. (Hounslow & Met.)
Festiniog By. Co., &c.
Fnmess By. Co
Qreat Eastern By. Co
Great Northern By. Co
Great Western By. Co
Hnll, Bamaley & W. Biding Juno. By.
Isle of Wight By. Co. &o.
. By. Co. /
Lancashire & Yorkshire By. Co. —
Scale I. (General)
Scale II. (Preston and Longridge)
London & North Western By. Co
London ft South Western By. Co
London, Brighton & South Coast By. Co.... )
London, Chatham ft Doyer By. Co )
London, Tilbury ft SouthendBy. Co. fto.... i
Manchester, Sheffield ft Line. By. Co ;
Metropolitan By. Co. ftc—
Scale I. (Special)
Scale n. (General)
Midland Bail. Co ,
Midland ft South Westocn June. By. Co. ftc
North Eastern By. Co
North London By. Co ,
North Staffordshire By. Co
South Eastern By. Co
Taff Yale By. Co. ftc ,
Per ton
per
mile.
d.
S-60
8-20
8*20
8*86
8*80
2-26
•4-15
8*80
•800
•2-60
•2-86
•8-40
first 10m
8-20
first aOm
8*80
•8-86
8*80
•2-20
8-80
2-25
8*85
2-80
•8*50
880
•2-70
880
8*26
280
Per ton
■pn
mile.
<f.
1*85
1*86
1*90
1*86
1*86
1-86
1*86
1*90
1*90
1*86
1*85
1*86
1*90
1-85
Next
60
Miles.
Per ton
per
xnile.
d,
1-40
1-40
1*86
1*40
1*40
1-40
1*66
1*66
1-40
1-40
1-40
1*66
1*40
Per ton
per
mile.
d.
1-76
100
1*00
1*86
1-86
1-90
1*86
= 1
1*40
1*00
1-00
1-00
1-86
1*86
1-00
100
1*00
1*86
100
Class 2.
Station Terminal, It. 6d,
First
80
Miles.
Next
80
Miles.
Per ton I Per ton
per
nme.
d.
2-76
2-66
2*66
2-75
2-65
8*76
•4-ao
2*65
•8*86
•8*75
•2-76
first 10m
8-66
first aOm
8*66
•8*76
8*66
•2-65
8-66
8*76
8-76
8*66
•8*76
8*66
•8*00
8*65
8*76
8*65
mile.
d.
8-80
8*80
8*86
Next
60
Milea.
Per ton
per
nme.
d.
1*80
1*80
8-06
11
II
8*80
8-80
8-80
8*80
8*36
8*86
8*80
1-80
1*80
1*80
8*06
8-05
1*80
8*80
8*80
8-35
8*80
1-80
1*80
8-06
1*80
Per too
mile. I
d,
8-35
1*60
1*50
1*65
8*80
8-36
8*80
1*70
1*60
1-60
rso
1*65
1-80
1-50
1-60
1-65
1*65
1*50
• This rate per ton per mile
forill
STNOFSIS OF MAXIMUM RATES.
467
WATS — eantinmd,
RATES ClasseM 1, 2, 3, 4, and 5.
Class 8.
Station Terminal, It. 6^.
First
20
Miles.
Per ton
per
mile.
d.
3 10
810
3-10
8*10
3-10
310
•446
310
•3*60
•3-10
•310
flmtlOm
310
flr»t20in
310
•8-10
810
•3-10
8-10
8*10
8*10
8'10
•8-10
810
•8-25
8-10
810
310
Next
80
Milei.
Per ton
per
mile.
d.
S'65
S*66
S-80
S-66
S-66
S'6S
2*66
S-SO
2*80
2*65
2-66
2-66
2-80
2-66
Next
60
Miles.
Per
ton
perm.
d,
2-00
2-00
2*60
o
so
Class 4.
Station Terminal, 1«. 6^.
Per
ton
perm.
d.
2-80
1*80
1-80
2-10
2-66
2-80
2-66
200
2-00
200
2-60
2*60
2*00
2*00
2-00
2*60
Firrt
20
MUes.
1-76
1-80
1-80
1-80
2-10
2*10
1*80
1-80
1*80
2-10
2-00 1-80
Next
8U
Miles.
Per ton
p«r
mile.
d.
8-76
8-60
8-60
8-76
8-6
8-76
•460
8-60
•4-00
•8-76
•8*10
first 10m
8-60
fint20m
8-60
8-76
8-60
•8-60
8-60
8-76
8-76
8-60
•8'78
8*60
•8-76
8-00
8-76
3-60
Per ton
P"
mile.
d.
8*16
8'16
8-86
8*16
8*16
8*16
8-16
8-86
8-86
8*16
8-16
8*16
8*86
315
Next
60
Miles.
Per
ton
o
Per
ton
perm._p€rm.
d.
3*36
220
d.
2-60
2-60
8-16
2*60
2-60
2-60
8-16
8*16
2*60
2*60
2-60
8*16
250
2*20
2-60
8-15
885
816
Class 5.
Station Terminal, 1«. 6d.
FiiHt
20
Miles.
Next
80
Miles.
2*20
2-20
2-20
2*20
2-60
2*60
2-20
Per ton
per
mile.
d.
4-30
4-80
4-80
4-80
4-90
4-80
•6-0O
4-80
•5-00
•480
•8*10
first 10m
4-80
first 20m
430
Per ton
per
mile.
d.
8-70
8*70
8*90
2*20
2-20
2*50
220
•4-80
4*30
•4-30
4-80
4-80
4*80
4-80
•4-80
4-80
•4-80
4-80
4*80
4-80
8*70
8*70
8-70
8-70
8-90
8-90
8*70
8-70
8-70
8-90
3-70
Next
60
Miles.
Per
ton
perm.
d.
826
8*26
8*80
o
II
Per
ton
perm.
d.
890
2*50
2*60
8-00
8*70
3-90
8-70
8*26
Abbotsbiirj By. Co.
&c.
Brecon A Merthyr
By. Co. &0,
Cambrian By. Co.
deator ft Working-
ton Juno. By. Co.
&c.
8-26
2*60
8*26
2-60
826
2-50
8-80
800
8-80
2-90
3*26
2 60
8-26
2-60
8*26
2-60
8-80
2*90
8-26
2-60
East liondon By. Co.
Festiniog By jCo. ftc.
Fomess By. Co.
Great Eastern By.
Co.
Great NorthemBy.
Co.
] Great Western By.
Co.
I Hull, Bamsley ft
W. Biding By.
Isle of Wight By.
Co. &c.
Lano. ft York. Bail.
Co.
London ft North
Western By. Co.
L. ft 8. W. By. Co.
{London, Brighton
ft 8. Coa^t By.
Loiidon, Chatham
ft Dover By. Co.
(London, Tilbuiy
ft Southend.
Manchester, Shef.
ft Lincoln.
Metroix)., Scale I.
(do. Scale II.
Midland By. Co.
Midland ft S. W.
North Eastern.
North London.
North Staffordahire.
South Eastern.
TaffVale.
^\^^ni*fm on the line to whioh it is ap^ioable.
468
3
«■
J
W
t-H
P5
h
c3
OB
Appendix B.
I
as
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n
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8
i
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li
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o
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00
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SYNOPSIS OF MAXIMT7M RATES.
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Appendix B.
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III*
TABLB OF ALXiOWANCES.
*0±
TABLE showing where Companies are allowed to charge as for
Distances other than the actual Mileage.
ENGLISH RAILWAYS.
1.
Batiway Gompany
empowered to owzge.
Brecon k Merthyr Tydfil
Jonotion.
CSambzian .,
Sast London
Fumess ....
If
i>
Great Western
Lancashire & Yorkshire . .
London k North Western
>>
»>
London , Chatham & Dover
if
»>
»i
>»
2.
Portion of BailiraT in respect of whidi Company
ia anthorised to chazve the Mileage appeal^
ing in Columns 8 and 4.
Penarth and Jorpantan
Jorpantau and Dolygear . . . . ,
Fontywaen and Deri Junction
Barmouth Viaduct
Camo and Llanbrynmair
East London Bail way for Glasses A., B., & C.
for other merchandise .
it
II
Mirehouse Junction and Whiteharen Docks
for traffic to and from the docks.
Mirehouse Junction and Bransty Station, in-
cluding Lonsdale works, for Glasses A. & B.
Seyem Tunnel
Extended line authorized by Manchester
and Leeds Railway Act, 1839, and line
connecting it with Lt, & T. By. Go.'s main
line, or any part thereof.
Runcorn Bridge
Junction Railway authorized \yy Stoclqwrt,
Disley, and Whaley Bridge Railway Act,
1855.
Sirhowy Railway (Glass A. traffic oanveyed
less than 4 miles).
Gity Lines Undertaking (West Street Juno.
to EarJ Street).
Victoria and Pimlico Railway (authorized by
Act of 1853).
Metropolitan Extension Line (Earl Street to
Walworth Road).
2
7
3
11
7
8
4
2
12
2
4.
Chains.
9
2
6
6
60
70
40
40
40
60
40
NoTB. — 1 mile=80 ohain8=sl760 yards.
462
Appendix B.
1.
BaQii^^Coiinpany
anpowered to otuucgs*
London, Chatham & Dover
Ludlow & Clee Hill
{See AbbotsbnTj Sohed.)
Manchester, Sheffield &
Lincoln.
If
11
Metropolitan
i>
>i
>>
>t
>i
II
II
Metropolitan District • • .
{See East London
Schedule.)
a.
Portion of BailwaT in rnpeot of which Oompuiy
is authorised to diam tfao MEeage appeajy
ing in Oolmnna 8 ana 4.
Wandsworth Road to junction with Yiotoria
and Fimlioo Bailwaj.
Each of the two inclined planes leas than
lin28.
Bridge over Biver Trent (Olafls A.)
II
„ (Other traffic)
Ordsall Lane and London Boad (Manchester
South Junction and Altrinoham Bailwaj),
or anj part thereof.
Inner Circle, Mansion House to^
South Kensington, including
junction to Biidiop's Boad.
Mmories Junction to White-
chapel,'and junction with Met.
Dist. Bj. Co.'s Whitechapel
Spur.
North Curve junction line near
Aldp^te. V
Junction line with G. E. Bj. at '
Bishopsgate.
Moorgate Street Station to junc-
tions with G. N. By. and Mid.
By. at King's Cross, and
L. C. & D. By. at West Street
and Snow Hill.
Junction line with St. John's
Wood at Baker Street. /
Baker Street Station to^
Kingsbury, Neasden
Station.
Hammersmith and City
Bailway.
Ear
distances
under
Smiles
For
distances
OTep
9 mileB,
for eyery
mile or
fraction
thereof,
as for
}
Eor distances nnder |
8 miles as for )
.For distances oree)
8 nulOB for every I
mile or f^nustioni
thereof as for }
aty Lines and Extensions —
Jjdgate to Mansion House N
Station.
Minoiies Junction to White-
chapel Junction.
Junction near St. Mary's Cray
to Whitechapel (Mile End), i
Inner Circle, Mansion House '
to High Street, Kensington.
Hammersmith Station to junc-
tion with L. & S. W. By.
at Sutland Boad.
/
For
distances
under
9 miles as
For
distances
over
2 miles,
for every
mile at
part
thereof,
as for
Id, per ton.
mies.
I
8
6
6
2
6
8
CSiains.
40
NoTB.— 1 mile 80 chains 1760 yards.
TABLE OF ALLOWaKCES.
463
1.
BailwByCkim]
tBxpomnd
xnamaj
todiaige.
Metropolitan Dutiict . . . .
(See East London
Schedule.)
9t
»»
ft
»>
»>
>>
North Eastern
>> ••• •
f) ••••■•••t«
»> • •• •
North Btaffordahire
In reepeot of traffic to
and from New North
Staffordshire Ck>al
and Iron Company's
works.
N. Wales Narrow Gkuge , .
(See Festiniog, &c.
Schedule.)
II II
Rhondda & Swansea Bay
(See TafiF Vale Schedole.)
Severn & ^7^ ^ Severn
Bridge. (See Cleator &
Woridngton Schedole.)
2.
Portion of Bailiray in respect of which OomiMuiy
is onthozised to dune fhe Mileage ^ypear-
ing in CoIqiiuib 8 ana 4.
" A " Box, High Street, Ken- >^
sington, to junction near Ad-
dison Boad.
**B" Box, Gloucester Boad, to
junction at West Bxompton
Station.
Junction at Earl's Court to
ftammeramith Station.
West Brompton Station to junc-
tion near fntney Bridge.
/
For
distaaoes
under
Smiles as
Fordia- ^
tanoea over
Smiles,
for ereiy
mile or
part
thereof,
as for
High Level Bridge over River Tyne at New-
castle.
Bridge over River T3me at Sootswood
Shildon Tunnel
Any inclined plane not worked by an ordi-
nary locomotive.
Mr. Sneyd's Railway from New North Staf-
fordshire Coal and Iron Company's pri-
vate line to junction with main line at
Chatterly.
On the Bryngwyn branch (for traffic in com-
pany's waggons) to and from the slate
quarries.
On main line between Glenraf on siding and
Dinas for traffic in owners' waggons.
Rhondda Tunnel
Severn Bridge
8.
icaes.
6
2
8
1
4.
Chains.
40
20
Adistanoe equal
to the length
of the inclined
plane to be
added.
4
6
9
4
8
20
20
Yards.
1196
IRISH RAILWAYS.
Great Northern of Ireland
(see Athenry and Ennis
Schedule).
»f
It
Railways authorized by BelfMt Central Acts,
1864 to 1877, a fixed charge in addition to
those mentioned in the Schedule, as for. . . .
City of Dublin Junction Railway, to be cal-
culated as
NoTB. — 1 milesSO ohain8=sl760 yards.
6
8
464
Appendix B.
SCOTCH RAILWAYS.
1.
Bailiray Company
empowei^d to oiiaige.
Galedonian
i»
i»
North BritiBh
yt
>>
If
8.
Fortion of Bailiray in respect of which Company
is authorised to diazge the Mileage appeal^
ing in Columns 8 and 4.
Bridge over Biyer Forth at Alloa
For the purposes of Seals IV,
Between Edinburgh and Glasgow . .
»f
Leith
or I and Glasgow
Qranton
Tay Viaduct
Forth Bridge Bailwaj for traffic between
stationB sonth of Taj and places 25 miles
south and east and 46 miles west of Batho
Junction.
Forth Bridge Railway for all other traffic . .
Glasgow Tunnel indine
Thrush Bush incline
Balloohney incline . . . ,
Causeway End incline
On Carlisle Extension between Langholm
and Hawick.
For the purposes qf Scale IV,
Between Edinburgh and Glasgow . .
If
Leith
or } and Glasgow
Granton
8.
MQes.
42
46
12
14
42
46
NoTB. — 1 mile — 80 ohains8Bl760 yards.
4.
24
18
16
23
3
20
2
16
1
68
1
39
25
APPENDIX C.
BBINO
CERTAIN PROYISIONS OP PRIVATE, ACTS OP SCOTCH
RAILWAY COMPANIES
IN THE FOEEGOING SCHEDULES.
Sect. 49 of the Caledonian Sf Scottish Central Bail-
ways Amalgamation Act, 1865 (28 Sf 29 Vict,
c. cclxxxvii) (a).
^' The company shall from time to time when required by
notice in writing by the magistrates of the cities of Edinburgh,
Glasgow, or Perth, or of the royal burghs of StirKug or
Dundee, as the case may be, or by the commissioners or board
of police of the said cities or royal burghs respectively, or by
the inspectors of any such commissioners or board, provide,
within 24 hours after service of such notice, at their dung or
manure siding at North Merchiston in Edinburgh, or Gashet-
faulds. Saint BoUox, or Bridgeton in Glasgow, or at their
station in Perth, or in Stirling, or in Dundee, as may be re-
quired in such notice, a sufficient number of trucks to receive
any quantity of dung or manure belonging to the said magis-
trates, or commissioners, or board of police, not being less
than 25 tons, which shall be specified in the said notice, and
shall convey such dung or manure to any other station on the
railways belonging to the company, not being less than three
(a) Beferred to p. 348.
D. H H
466 Appendix 0.
miles distant, or to any station beyond tlie said distance on any
other railway directly communicating with those railways, which
may be leased or worked by the company, upon payment of
Hd. per ton per mile for distances under six miles, and of 1 d,
per ton per mile for distances of six miles or upwards : pro-
vided that the said magistrates, or commissioners, or the
said board of police, shall provide persons to perform the
duty of loading and unloading the said trucks, and shall, in
case the said trucks are detained at either station for a longer
period than 24 hours, pay demurrage at the rate of 6d. per
truck for each day, or part of a day, thereafter."
Sect. 63 of the Caledonian 6f Glasgow and South
Western Railways {Kilmarnock Joint Line) Act,
1869 (32 ^ 33 Vict. c. xcviii) {b).
<< From and after the passing of this Act, the two companies,
or either of them, notwithstanding anything in this Act con-
tained, shall only be entitled to charge for the conveyance of
city manure, as defined in the Glasgow Police Act, 1862 (c),
on the joint line, the tolls, rates, and charges following, that
is to say, a sum not exceeding ^d, per ton per mile, and if
conveyed in waggons belonging to, or provided by, the two
companies, or either of them, an additional sum of \d, per ton
per mile : provided always, that for a less distance than 12
(h) Beferred to p. 348.
(e) In sect. 355 of the Glasgow Police Act, 1862 (25 k 26 Vict. c. ocIt),
city manure is defined as meaning : —
** Wiih the exception of horse, cow, and swine dang, and of the refuse
of public slaughter-houses, and of breweries, tan works and chemical
works, and of the ashes of any kiln, engfine, or furnace, all the dung,
fulzie, soil, dirt, ashes, filth, and refuse made or found within the city,
elsewhere than on any quay or other street, of which the solum belongs
to the Clyde Navigation."
SCOTCH RAILWAY ACTS. 46T
miles the charge shall be as for 12 miles, and that the two com-
panies, or either of them, shall not be bound to convey the said
manure except in train loads of not less than 16 waggons."
Sect. 41 of the Caledonian Railway [Further Powers)
Act, 1862 (45 Vict. c. liii)(rf).
'' From and after the passing of this Act, notwithstanding
anything in any Act relating to the company, the company
shall not be entitled to demand higher tolls and charges than
\d. per ton per mile for the conveyance in waggons belonging
to, or provided by, the magistrates and council of Glasgow,
from any of the manure sidings in or near the city of Glas-
gow, or from any siding in connexion with any storing yard
outside the said city, which is at the time used exclusively by
the said magistrates and council, upon any portion of the com-
pany's railways, or upon any portion of those railways and of
any other railways directly communicating therewith, which
may be leased by the company, of city manure as defined in
the Glasgow Police Act, 1866, or any other manure collected
and dealt with by any department of the said magistrates and
council, or removed from markets, slaughter-houses, stables,
or other similar premises belonging to or occupied exclusively
by them. Provided nevertheless, that if such manure be
conveyed for a less distance than 12 miles, the company may
charge as for 12 miles : provided also, that the company shall
not be required to convey such manure at the said rate in
quantities of less than 25 tons at a time."
(iO Beferred to p. 348.
hh2
468 Appendix 0.
Sect. 43 of the Glasgow 6f South Western Railway
[Kilmarnock Direct) Act, 1865 (e).
'^ From and after the passing of tliis Act the company shall,
notwithstanding anything in any of the Acts relating to the
company, be entitled to demand and charge for the conveyance
of city manure as defined in the Glasgow Police Act, 1862 {/),
on all or any portion of their railways, only the tolls, rates,
and charges following, that is to say, a sum not exceeding id.
per ton per mile, and if conveyed in waggons belonging to
the company an additional charge of Id. per ton per mile :
provided always, that for a less distance than 12 miles the
charge shall be as for 12 miles, and the company shall not be
bound to convey the said manure except in train loads of not
less than 15 waggons."
Sect. 64 of the North British Railway Consolidation
Act, 1858 (21 ^ 22 Vict. c. cix)(y).
Hequires the company to provide a piece of ground between
18 ft. and 200 ft. from the north-east corner of the Edinburgh
and Leith Gaslight Company's works for the deposit of refuse,
and from time to time to remove the refuse therefrom ; but if
they erect a loading bank within the same distance, the Gas-
light Company are to empty the refuse into the trucks when
empty trucks are in waiting.
Sect. 55 deals with the distance the company's line is to be
from the walls of the Gaslight Company's works, and requires
the company to alter the existing siding of the Gaslight Com-
pany *' so that the same may be continued and fitted to the
line of rails to be used under this Act," and also to make
compensation to the Commissioners for the Harbour and Dock
of Leith for such part of the aforesaid space as does not
belong to the company.
(e) Referred to p. 368.
(/) See note {e\ p. 466.
(^) Referred to p. 361.
SCOTCH RAILWAY ACTS. 469
The North British Railway Consolidation Act, 1858
(21 ^ 22 Vict. c. cix), s. 76 (h).
''Provided always, that the company shall from time to
time, when required by the magistrates and council of the
city of Edinburgh, or their clerk or inspector, provide within
24 hours thereafter, at the St. Margaret's Manure Station on
the railway, a sufficient number of trucks to receive any
quantity of dung or manure belonging to the said magistrates
and council, not being less than 25 tons, which shall be speci-
fied in the said notice, and shall convey such dung to any
other station on the railway, not being less than three miles
distant, or to any station beyond the said distance on a railway
directly communicating therewith, and leased or worked by
them, on the payment of lid, per ton per mile for distances
under six miles, and of Id. per ton per mile for distances of
six miles or upwards : provided the said magistrates and
council shall provide persons to perform the duty of loading
and unloading the said trucks, and shall, in case the said
trucks are detained at either station for a longer period than
24 hours, pay demurrage at the rate of 6d, per truck for each
day or part of a day thereafter."
Sect. 43 of the Edinburgh ^ Glasgow Railway ( Coat-
bridge Branch) Act, 1865 (28 ^ 29 Vict.
c. cccxxviii ) (e ).
" From and after the passing of this Act the company shall,
notwithstanding anything in any of the Acts relating to the
company, be entitled to demand and charge for the conveyance
(A) Referred to p. 361.
(«) Befenedtop. 361.
470 Appendix 0.
of city manure as defined in the Glasgow Police Act, 1862 (J),
on all or any portion of their railways, only the tolls, rates,
and charges following, that is to say, a sum not exceeding ^d.
per ton per mile, and if conveyed in waggons belonging to the
company an additional sum of Id, per ton per mile : provided
that for a less distance than 12 miles the charge shall be as
for 12 miles, and that the company shall not be bound to
convey such manure except in train loads of not less than 15
waggons."
{J) See note («), p. 466.
APPENDIX D.
SOME OP THE MORE IMPORTANT CONVEYANCE RATES
WOBKED OUT
FOE DISTANCES UP TO 200 MILES.
In consequence of the complexity of many of the conveyance
rates (many of them requiring four separate sums in multipli-
cation, and one in addition), it has been thought desirable to
give the more important rates worked out, so that the convey-
ance rate for any distance up to 200 miles may be ascertained
at a glance.
In the following tables the more important rates in the
various classes will be found arranged in order of magnitude.
In selecting the rates to be worked out only the more com-
plex have been chosen, and so all rates which are the same
for all distances, and only require a single process of multipli-
cation in order to ascertain them have been omitted.
The figures opposite the mileage distances give the convey-
ance rates only, so that all terminals and special charges, such
as charges for collection and delivery, &c., must be added to
them in order to arrive at the gross maximum chargeable.
472
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